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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-22.39, 10-27.1A, 18-8.15, 27-23.7, and 34-18.8 and by | ||||||
6 | renumbering and changing Section 22-85, as added by Public Act | ||||||
7 | 101-478, as follows:
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8 | (105 ILCS 5/10-22.39)
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9 | Sec. 10-22.39. In-service training programs. | ||||||
10 | (a) To conduct in-service training programs for teachers. | ||||||
11 | (b) In addition to
other topics at in-service training
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12 | programs, at least once every 2 years, licensed school | ||||||
13 | personnel and administrators who work with pupils in | ||||||
14 | kindergarten through grade 12 shall be
trained to identify the | ||||||
15 | warning signs of mental illness and suicidal behavior in youth | ||||||
16 | and shall be taught appropriate intervention and referral | ||||||
17 | techniques. A school district may utilize the Illinois Mental | ||||||
18 | Health First Aid training program, established under the | ||||||
19 | Illinois Mental Health First Aid Training Act and administered | ||||||
20 | by certified instructors trained by a national association | ||||||
21 | recognized as an authority in behavioral health, to provide | ||||||
22 | the training and meet the requirements under this subsection. | ||||||
23 | If licensed school personnel or an administrator obtains |
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1 | mental health first aid training outside of an in-service | ||||||
2 | training program, he or she may present a certificate of | ||||||
3 | successful completion of the training to the school district | ||||||
4 | to satisfy the requirements of this subsection.
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5 | (c) School guidance counselors, nurses, teachers and other | ||||||
6 | school personnel
who work with pupils may be trained to have a | ||||||
7 | basic knowledge of matters
relating to acquired | ||||||
8 | immunodeficiency syndrome (AIDS), including the nature
of the | ||||||
9 | disease, its causes and effects, the means of detecting it and
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10 | preventing its transmission, and the availability of | ||||||
11 | appropriate sources of
counseling and referral, and any other | ||||||
12 | information that may be appropriate
considering the age and | ||||||
13 | grade level of such pupils. The School Board shall
supervise | ||||||
14 | such training. The State Board of Education and the Department
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15 | of Public Health shall jointly develop standards for such | ||||||
16 | training.
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17 | (d) In this subsection (d): | ||||||
18 | "Domestic violence" means abuse by a family or household | ||||||
19 | member, as "abuse" and "family or household members" are | ||||||
20 | defined in Section 103 of the Illinois Domestic Violence Act | ||||||
21 | of 1986. | ||||||
22 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
23 | of an adult or minor child proscribed in the Criminal Code of | ||||||
24 | 1961 or the Criminal Code of 2012 in Sections 11-1.20, | ||||||
25 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, | ||||||
26 | 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including |
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1 | sexual violence committed by perpetrators who are strangers to | ||||||
2 | the victim and sexual violence committed by perpetrators who | ||||||
3 | are known or related by blood or marriage to the victim. | ||||||
4 | At least once every 2 years, an in-service training | ||||||
5 | program for school personnel who work with pupils, including, | ||||||
6 | but not limited to, school and school district administrators, | ||||||
7 | teachers, school guidance counselors, school social workers, | ||||||
8 | school counselors, school psychologists, and school nurses, | ||||||
9 | must be conducted by persons with expertise in domestic and | ||||||
10 | sexual violence and the needs of expectant and parenting youth | ||||||
11 | and shall include training concerning (i) communicating with | ||||||
12 | and listening to youth victims of domestic or sexual violence | ||||||
13 | and expectant and parenting youth, (ii) connecting youth | ||||||
14 | victims of domestic or sexual violence and expectant and | ||||||
15 | parenting youth to appropriate in-school services and other | ||||||
16 | agencies, programs, and services as needed, and (iii) | ||||||
17 | implementing the school district's policies, procedures, and | ||||||
18 | protocols with regard to such youth, including | ||||||
19 | confidentiality. At a minimum, school personnel must be | ||||||
20 | trained to understand, provide information and referrals, and | ||||||
21 | address issues pertaining to youth who are parents, expectant | ||||||
22 | parents, or victims of domestic or sexual violence.
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23 | (e) At least every 2 years, an in-service training program | ||||||
24 | for school personnel who work with pupils must be conducted by | ||||||
25 | persons with expertise in anaphylactic reactions and | ||||||
26 | management.
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1 | (f) At least once every 2 years, a school board shall | ||||||
2 | conduct in-service training on educator ethics, | ||||||
3 | teacher-student conduct, and school employee-student conduct | ||||||
4 | for all personnel. | ||||||
5 | (Source: P.A. 100-903, eff. 1-1-19; 101-350, eff. 1-1-20 .)
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6 | (105 ILCS 5/10-27.1A)
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7 | Sec. 10-27.1A. Firearms in schools.
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8 | (a) All school officials, including teachers, school | ||||||
9 | guidance counselors, and
support staff, shall immediately | ||||||
10 | notify the office of the principal in the
event that they | ||||||
11 | observe any person in possession of a firearm on school
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12 | grounds; provided that taking such immediate action to notify | ||||||
13 | the office of the
principal would not immediately endanger the | ||||||
14 | health, safety, or welfare of
students who are under the | ||||||
15 | direct supervision of the school official or the
school | ||||||
16 | official. If the health, safety, or welfare of students under | ||||||
17 | the
direct supervision of the school official or of the school | ||||||
18 | official is
immediately endangered, the school official shall | ||||||
19 | notify the office of the
principal as soon as the students | ||||||
20 | under his or her supervision and he or she
are no longer under | ||||||
21 | immediate danger. A report is not required by this Section
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22 | when the school official knows that the person in possession | ||||||
23 | of the firearm is
a law enforcement official engaged in the | ||||||
24 | conduct of his or her official
duties. Any school official | ||||||
25 | acting in good faith who makes such a report under
this Section |
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1 | shall have immunity from any civil or criminal liability that
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2 | might otherwise be incurred as a result of making the report. | ||||||
3 | The identity of
the school official making such report shall | ||||||
4 | not be disclosed except as
expressly and specifically | ||||||
5 | authorized by law. Knowingly and willfully failing
to comply | ||||||
6 | with this Section is a petty offense. A second or subsequent | ||||||
7 | offense
is a Class C misdemeanor.
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8 | (b) Upon receiving a report from any school official | ||||||
9 | pursuant to this
Section, or from any other person, the | ||||||
10 | principal or his or her designee shall
immediately notify a | ||||||
11 | local law enforcement agency. If the person found to be
in | ||||||
12 | possession of a firearm on school grounds is a student, the | ||||||
13 | principal or
his or her designee shall also immediately notify | ||||||
14 | that student's parent or
guardian. Any principal or his or her | ||||||
15 | designee acting in good faith who makes
such reports under | ||||||
16 | this Section shall have immunity from any civil or criminal
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17 | liability that might otherwise be incurred or imposed as a | ||||||
18 | result of making
the reports. Knowingly and willfully failing | ||||||
19 | to comply with this Section is a
petty offense. A second or | ||||||
20 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
21 | found to be in possession of the firearm on school grounds is a
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22 | minor, the law enforcement agency shall detain that minor | ||||||
23 | until such time as
the agency makes a determination pursuant | ||||||
24 | to clause (a) of subsection (1) of
Section 5-401 of the | ||||||
25 | Juvenile Court Act of 1987, as to whether the agency
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26 | reasonably believes that the minor is delinquent. If the law |
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1 | enforcement
agency determines that probable cause exists to | ||||||
2 | believe that the minor
committed a violation of item (4) of | ||||||
3 | subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||||||
4 | while on school grounds, the agency shall detain the
minor for | ||||||
5 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
6 | of
1987.
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7 | (c) On or after January 1, 1997, upon receipt of any | ||||||
8 | written,
electronic, or verbal report from any school | ||||||
9 | personnel regarding a verified
incident involving a firearm in | ||||||
10 | a school or on school owned or leased property,
including any | ||||||
11 | conveyance owned,
leased, or used by the school for the | ||||||
12 | transport of students or school
personnel, the superintendent | ||||||
13 | or his or her designee shall report all such
firearm-related | ||||||
14 | incidents occurring in a school or on school property to the
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15 | local law enforcement authorities immediately and to the | ||||||
16 | Department of State
Police in a form, manner, and frequency as | ||||||
17 | prescribed by the Department of
State Police.
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18 | The State Board of Education shall receive an annual | ||||||
19 | statistical compilation
and related data associated with | ||||||
20 | incidents involving firearms in schools from
the Department of | ||||||
21 | State Police. The State Board of Education shall compile
this | ||||||
22 | information by school district and make it available to the | ||||||
23 | public.
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24 | (d) As used in this Section, the term "firearm" shall have | ||||||
25 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
26 | Identification Card Act.
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1 | As used in this Section, the term "school" means any | ||||||
2 | public or private
elementary or secondary school.
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3 | As used in this Section, the term "school grounds" | ||||||
4 | includes the real property
comprising any school, any | ||||||
5 | conveyance owned, leased, or contracted by a school
to | ||||||
6 | transport students to or from school or a school-related | ||||||
7 | activity, or any
public way within 1,000 feet of the real | ||||||
8 | property comprising any school.
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9 | (Source: P.A. 97-1150, eff. 1-25-13.)
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10 | (105 ILCS 5/18-8.15) | ||||||
11 | Sec. 18-8.15. Evidence-Based Funding for student success | ||||||
12 | for the 2017-2018 and subsequent school years. | ||||||
13 | (a) General provisions. | ||||||
14 | (1) The purpose of this Section is to ensure that, by | ||||||
15 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
16 | through grade 12 public education system with the capacity | ||||||
17 | to ensure the educational development of all persons to | ||||||
18 | the limits of their capacities in accordance with Section | ||||||
19 | 1 of Article X of the Constitution of the State of | ||||||
20 | Illinois. To accomplish that objective, this Section | ||||||
21 | creates a method of funding public education that is | ||||||
22 | evidence-based; is sufficient to ensure every student | ||||||
23 | receives a meaningful opportunity to learn irrespective of | ||||||
24 | race, ethnicity, sexual orientation, gender, or | ||||||
25 | community-income level; and is sustainable and |
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1 | predictable. When fully funded under this Section, every | ||||||
2 | school shall have the resources, based on what the | ||||||
3 | evidence indicates is needed, to: | ||||||
4 | (A) provide all students with a high quality | ||||||
5 | education that offers the academic, enrichment, social | ||||||
6 | and emotional support, technical, and career-focused | ||||||
7 | programs that will allow them to become competitive | ||||||
8 | workers, responsible parents, productive citizens of | ||||||
9 | this State, and active members of our national | ||||||
10 | democracy; | ||||||
11 | (B) ensure all students receive the education they | ||||||
12 | need to graduate from high school with the skills | ||||||
13 | required to pursue post-secondary education and | ||||||
14 | training for a rewarding career; | ||||||
15 | (C) reduce, with a goal of eliminating, the | ||||||
16 | achievement gap between at-risk and non-at-risk | ||||||
17 | students by raising the performance of at-risk | ||||||
18 | students and not by reducing standards; and | ||||||
19 | (D) ensure this State satisfies its obligation to | ||||||
20 | assume the primary responsibility to fund public | ||||||
21 | education and simultaneously relieve the | ||||||
22 | disproportionate burden placed on local property taxes | ||||||
23 | to fund schools. | ||||||
24 | (2) The Evidence-Based Funding formula under this | ||||||
25 | Section shall be applied to all Organizational Units in | ||||||
26 | this State. The Evidence-Based Funding formula outlined in |
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1 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
2 | of the 100th General Assembly, as passed by both | ||||||
3 | legislative chambers. As further defined and described in | ||||||
4 | this Section, there are 4 major components of the | ||||||
5 | Evidence-Based Funding model: | ||||||
6 | (A) First, the model calculates a unique Adequacy | ||||||
7 | Target for each Organizational Unit in this State that | ||||||
8 | considers the costs to implement research-based | ||||||
9 | activities, the unit's student demographics, and | ||||||
10 | regional wage differences. | ||||||
11 | (B) Second, the model calculates each | ||||||
12 | Organizational Unit's Local Capacity, or the amount | ||||||
13 | each Organizational Unit is assumed to contribute | ||||||
14 | toward its Adequacy Target from local resources. | ||||||
15 | (C) Third, the model calculates how much funding | ||||||
16 | the State currently contributes to the Organizational | ||||||
17 | Unit and adds that to the unit's Local Capacity to | ||||||
18 | determine the unit's overall current adequacy of | ||||||
19 | funding. | ||||||
20 | (D) Finally, the model's distribution method | ||||||
21 | allocates new State funding to those Organizational | ||||||
22 | Units that are least well-funded, considering both | ||||||
23 | Local Capacity and State funding, in relation to their | ||||||
24 | Adequacy Target. | ||||||
25 | (3) An Organizational Unit receiving any funding under | ||||||
26 | this Section may apply those funds to any fund so received |
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1 | for which that Organizational Unit is authorized to make | ||||||
2 | expenditures by law. | ||||||
3 | (4) As used in this Section, the following terms shall | ||||||
4 | have the meanings ascribed in this paragraph (4): | ||||||
5 | "Adequacy Target" is defined in paragraph (1) of | ||||||
6 | subsection (b) of this Section. | ||||||
7 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
8 | subsection (d) of this Section. | ||||||
9 | "Adjusted Local Capacity Target" is defined in | ||||||
10 | paragraph (3) of subsection (c) of this Section. | ||||||
11 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
12 | Organizational Units, for which the State Superintendent | ||||||
13 | shall calculate and subtract for the Operating Tax Rate a | ||||||
14 | transportation rate based on total expenses for | ||||||
15 | transportation services under this Code, as reported on | ||||||
16 | the most recent Annual Financial Report in Pupil | ||||||
17 | Transportation Services, function 2550 in both the | ||||||
18 | Education and Transportation funds and functions 4110 and | ||||||
19 | 4120 in the Transportation fund, less any corresponding | ||||||
20 | fiscal year State of Illinois scheduled payments excluding | ||||||
21 | net adjustments for prior years for regular, vocational, | ||||||
22 | or special education transportation reimbursement pursuant | ||||||
23 | to Section 29-5 or subsection (b) of Section 14-13.01 of | ||||||
24 | this Code divided by the Adjusted EAV. If an | ||||||
25 | Organizational Unit's corresponding fiscal year State of | ||||||
26 | Illinois scheduled payments excluding net adjustments for |
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1 | prior years for regular, vocational, or special education | ||||||
2 | transportation reimbursement pursuant to Section 29-5 or | ||||||
3 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
4 | total transportation expenses, as defined in this | ||||||
5 | paragraph, no transportation rate shall be subtracted from | ||||||
6 | the Operating Tax Rate. | ||||||
7 | "Allocation Rate" is defined in paragraph (3) of | ||||||
8 | subsection (g) of this Section. | ||||||
9 | "Alternative School" means a public school that is | ||||||
10 | created and operated by a regional superintendent of | ||||||
11 | schools and approved by the State Board. | ||||||
12 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
13 | subsection (d) of this Section. | ||||||
14 | "Assessment" means any of those benchmark, progress | ||||||
15 | monitoring, formative, diagnostic, and other assessments, | ||||||
16 | in addition to the State accountability assessment, that | ||||||
17 | assist teachers' needs in understanding the skills and | ||||||
18 | meeting the needs of the students they serve. | ||||||
19 | "Assistant principal" means a school administrator | ||||||
20 | duly endorsed to be employed as an assistant principal in | ||||||
21 | this State. | ||||||
22 | "At-risk student" means a student who is at risk of | ||||||
23 | not meeting the Illinois Learning Standards or not | ||||||
24 | graduating from elementary or high school and who | ||||||
25 | demonstrates a need for vocational support or social | ||||||
26 | services beyond that provided by the regular school |
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1 | program. All students included in an Organizational Unit's | ||||||
2 | Low-Income Count, as well as all English learner and | ||||||
3 | disabled students attending the Organizational Unit, shall | ||||||
4 | be considered at-risk students under this Section. | ||||||
5 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
6 | 2018 means, for an Organizational Unit, the greater of the | ||||||
7 | average number of students (grades K through 12) reported | ||||||
8 | to the State Board as enrolled in the Organizational Unit | ||||||
9 | on October 1 in the immediately preceding school year, | ||||||
10 | plus the pre-kindergarten students who receive special | ||||||
11 | education services of 2 or more hours a day as reported to | ||||||
12 | the State Board on December 1 in the immediately preceding | ||||||
13 | school year, or the average number of students (grades K | ||||||
14 | through 12) reported to the State Board as enrolled in the | ||||||
15 | Organizational Unit on October 1, plus the | ||||||
16 | pre-kindergarten students who receive special education | ||||||
17 | services of 2 or more hours a day as reported to the State | ||||||
18 | Board on December 1, for each of the immediately preceding | ||||||
19 | 3 school years. For fiscal year 2019 and each subsequent | ||||||
20 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
21 | for an Organizational Unit, the greater of the average | ||||||
22 | number of students (grades K through 12) reported to the | ||||||
23 | State Board as enrolled in the Organizational Unit on | ||||||
24 | October 1 and March 1 in the immediately preceding school | ||||||
25 | year, plus the pre-kindergarten students who receive | ||||||
26 | special education services as reported to the State Board |
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1 | on October 1 and March 1 in the immediately preceding | ||||||
2 | school year, or the average number of students (grades K | ||||||
3 | through 12) reported to the State Board as enrolled in the | ||||||
4 | Organizational Unit on October 1 and March 1, plus the | ||||||
5 | pre-kindergarten students who receive special education | ||||||
6 | services as reported to the State Board on October 1 and | ||||||
7 | March 1, for each of the immediately preceding 3 school | ||||||
8 | years. For the purposes of this definition, "enrolled in | ||||||
9 | the Organizational Unit" means the number of students | ||||||
10 | reported to the State Board who are enrolled in schools | ||||||
11 | within the Organizational Unit that the student attends or | ||||||
12 | would attend if not placed or transferred to another | ||||||
13 | school or program to receive needed services. For the | ||||||
14 | purposes of calculating "ASE", all students, grades K | ||||||
15 | through 12, excluding those attending kindergarten for a | ||||||
16 | half day and students attending an alternative education | ||||||
17 | program operated by a regional office of education or | ||||||
18 | intermediate service center, shall be counted as 1.0. All | ||||||
19 | students attending kindergarten for a half day shall be | ||||||
20 | counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||||||
21 | subsequent years, the school district reports to the State | ||||||
22 | Board of Education the intent to implement full-day | ||||||
23 | kindergarten district-wide for all students, then all | ||||||
24 | students attending kindergarten shall be counted as 1.0. | ||||||
25 | Special education pre-kindergarten students shall be | ||||||
26 | counted as 0.5 each. If the State Board does not collect or |
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1 | has not collected both an October 1 and March 1 enrollment | ||||||
2 | count by grade or a December 1 collection of special | ||||||
3 | education pre-kindergarten students as of August 31, 2017 | ||||||
4 | (the effective date of Public Act 100-465), it shall | ||||||
5 | establish such collection for all future years. For any | ||||||
6 | year in which a count by grade level was collected only | ||||||
7 | once, that count shall be used as the single count | ||||||
8 | available for computing a 3-year average ASE. Funding for | ||||||
9 | programs operated by a regional office of education or an | ||||||
10 | intermediate service center must be calculated using the | ||||||
11 | Evidence-Based Funding formula under this Section for the | ||||||
12 | 2019-2020 school year and each subsequent school year | ||||||
13 | until separate adequacy formulas are developed and adopted | ||||||
14 | for each type of program. ASE for a program operated by a | ||||||
15 | regional office of education or an intermediate service | ||||||
16 | center must be determined by the March 1 enrollment for | ||||||
17 | the program. For the 2019-2020 school year, the ASE used | ||||||
18 | in the calculation must be the first-year ASE and, in that | ||||||
19 | year only, the assignment of students served by a regional | ||||||
20 | office of education or intermediate service center shall | ||||||
21 | not result in a reduction of the March enrollment for any | ||||||
22 | school district. For the 2020-2021 school year, the ASE | ||||||
23 | must be the greater of the current-year ASE or the 2-year | ||||||
24 | average ASE. Beginning with the 2021-2022 school year, the | ||||||
25 | ASE must be the greater of the current-year ASE or the | ||||||
26 | 3-year average ASE. School districts shall submit the data |
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1 | for the ASE calculation to the State Board within 45 days | ||||||
2 | of the dates required in this Section for submission of | ||||||
3 | enrollment data in order for it to be included in the ASE | ||||||
4 | calculation. For fiscal year 2018 only, the ASE | ||||||
5 | calculation shall include only enrollment taken on October | ||||||
6 | 1. | ||||||
7 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
8 | of subsection (g) of this Section. | ||||||
9 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
10 | this Section. | ||||||
11 | "Base Tax Year" means the property tax levy year used | ||||||
12 | to calculate the Budget Year allocation of primary State | ||||||
13 | aid. | ||||||
14 | "Base Tax Year's Extension" means the product of the | ||||||
15 | equalized assessed valuation utilized by the county clerk | ||||||
16 | in the Base Tax Year multiplied by the limiting rate as | ||||||
17 | calculated by the county clerk and defined in PTELL. | ||||||
18 | "Bilingual Education Allocation" means the amount of | ||||||
19 | an Organizational Unit's final Adequacy Target | ||||||
20 | attributable to bilingual education divided by the | ||||||
21 | Organizational Unit's final Adequacy Target, the product | ||||||
22 | of which shall be multiplied by the amount of new funding | ||||||
23 | received pursuant to this Section. An Organizational | ||||||
24 | Unit's final Adequacy Target attributable to bilingual | ||||||
25 | education shall include all additional investments in | ||||||
26 | English learner students' adequacy elements. |
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1 | "Budget Year" means the school year for which primary | ||||||
2 | State aid is calculated and awarded under this Section. | ||||||
3 | "Central office" means individual administrators and | ||||||
4 | support service personnel charged with managing the | ||||||
5 | instructional programs, business and operations, and | ||||||
6 | security of the Organizational Unit. | ||||||
7 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
8 | differentiation metric that measures systemic, regional | ||||||
9 | variations in the salaries of college graduates who are | ||||||
10 | not educators. The CWI utilized for this Section shall, | ||||||
11 | for the first 3 years of Evidence-Based Funding | ||||||
12 | implementation, be the CWI initially developed by the | ||||||
13 | National Center for Education Statistics, as most recently | ||||||
14 | updated by Texas A & M University. In the fourth and | ||||||
15 | subsequent years of Evidence-Based Funding implementation, | ||||||
16 | the State Superintendent shall re-determine the CWI using | ||||||
17 | a similar methodology to that identified in the Texas A & M | ||||||
18 | University study, with adjustments made no less frequently | ||||||
19 | than once every 5 years. | ||||||
20 | "Computer technology and equipment" means computers | ||||||
21 | servers, notebooks, network equipment, copiers, printers, | ||||||
22 | instructional software, security software, curriculum | ||||||
23 | management courseware, and other similar materials and | ||||||
24 | equipment. | ||||||
25 | "Computer technology and equipment investment | ||||||
26 | allocation" means the final Adequacy Target amount of an |
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1 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
2 | prior school year attributable to the additional $285.50 | ||||||
3 | per student computer technology and equipment investment | ||||||
4 | grant divided by the Organizational Unit's final Adequacy | ||||||
5 | Target, the result of which shall be multiplied by the | ||||||
6 | amount of new funding received pursuant to this Section. | ||||||
7 | An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
8 | Adequacy Target attributable to the received computer | ||||||
9 | technology and equipment investment grant shall include | ||||||
10 | all additional investments in computer technology and | ||||||
11 | equipment adequacy elements. | ||||||
12 | "Core subject" means mathematics; science; reading, | ||||||
13 | English, writing, and language arts; history and social | ||||||
14 | studies; world languages; and subjects taught as Advanced | ||||||
15 | Placement in high schools. | ||||||
16 | "Core teacher" means a regular classroom teacher in | ||||||
17 | elementary schools and teachers of a core subject in | ||||||
18 | middle and high schools. | ||||||
19 | "Core Intervention teacher (tutor)" means a licensed | ||||||
20 | teacher providing one-on-one or small group tutoring to | ||||||
21 | students struggling to meet proficiency in core subjects. | ||||||
22 | "CPPRT" means corporate personal property replacement | ||||||
23 | tax funds paid to an Organizational Unit during the | ||||||
24 | calendar year one year before the calendar year in which a | ||||||
25 | school year begins, pursuant to "An Act in relation to the | ||||||
26 | abolition of ad valorem personal property tax and the |
| |||||||
| |||||||
1 | replacement of revenues lost thereby, and amending and | ||||||
2 | repealing certain Acts and parts of Acts in connection | ||||||
3 | therewith", certified August 14, 1979, as amended (Public | ||||||
4 | Act 81-1st S.S.-1). | ||||||
5 | "EAV" means equalized assessed valuation as defined in | ||||||
6 | paragraph (2) of subsection (d) of this Section and | ||||||
7 | calculated in accordance with paragraph (3) of subsection | ||||||
8 | (d) of this Section. | ||||||
9 | "ECI" means the Bureau of Labor Statistics' national | ||||||
10 | employment cost index for civilian workers in educational | ||||||
11 | services in elementary and secondary schools on a | ||||||
12 | cumulative basis for the 12-month calendar year preceding | ||||||
13 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
14 | "EIS Data" means the employment information system | ||||||
15 | data maintained by the State Board on educators within | ||||||
16 | Organizational Units. | ||||||
17 | "Employee benefits" means health, dental, and vision | ||||||
18 | insurance offered to employees of an Organizational Unit, | ||||||
19 | the costs associated with the statutorily required payment | ||||||
20 | of the normal cost of the Organizational Unit's teacher | ||||||
21 | pensions, Social Security employer contributions, and | ||||||
22 | Illinois Municipal Retirement Fund employer contributions. | ||||||
23 | "English learner" or "EL" means a child included in | ||||||
24 | the definition of "English learners" under Section 14C-2 | ||||||
25 | of this Code participating in a program of transitional | ||||||
26 | bilingual education or a transitional program of |
| |||||||
| |||||||
1 | instruction meeting the requirements and program | ||||||
2 | application procedures of Article 14C of this Code. For | ||||||
3 | the purposes of collecting the number of EL students | ||||||
4 | enrolled, the same collection and calculation methodology | ||||||
5 | as defined above for "ASE" shall apply to English | ||||||
6 | learners, with the exception that EL student enrollment | ||||||
7 | shall include students in grades pre-kindergarten through | ||||||
8 | 12. | ||||||
9 | "Essential Elements" means those elements, resources, | ||||||
10 | and educational programs that have been identified through | ||||||
11 | academic research as necessary to improve student success, | ||||||
12 | improve academic performance, close achievement gaps, and | ||||||
13 | provide for other per student costs related to the | ||||||
14 | delivery and leadership of the Organizational Unit, as | ||||||
15 | well as the maintenance and operations of the unit, and | ||||||
16 | which are specified in paragraph (2) of subsection (b) of | ||||||
17 | this Section. | ||||||
18 | "Evidence-Based Funding" means State funding provided | ||||||
19 | to an Organizational Unit pursuant to this Section. | ||||||
20 | "Extended day" means academic and enrichment programs | ||||||
21 | provided to students outside the regular school day before | ||||||
22 | and after school or during non-instructional times during | ||||||
23 | the school day. | ||||||
24 | "Extension Limitation Ratio" means a numerical ratio | ||||||
25 | in which the numerator is the Base Tax Year's Extension | ||||||
26 | and the denominator is the Preceding Tax Year's Extension. |
| |||||||
| |||||||
1 | "Final Percent of Adequacy" is defined in paragraph | ||||||
2 | (4) of subsection (f) of this Section. | ||||||
3 | "Final Resources" is defined in paragraph (3) of | ||||||
4 | subsection (f) of this Section. | ||||||
5 | "Full-time equivalent" or "FTE" means the full-time | ||||||
6 | equivalency compensation for staffing the relevant | ||||||
7 | position at an Organizational Unit. | ||||||
8 | "Funding Gap" is defined in paragraph (1) of | ||||||
9 | subsection (g). | ||||||
10 | "Guidance counselor" means a licensed guidance | ||||||
11 | counselor who provides guidance and counseling support for | ||||||
12 | students within an Organizational Unit. | ||||||
13 | "Hybrid District" means a partial elementary unit | ||||||
14 | district created pursuant to Article 11E of this Code. | ||||||
15 | "Instructional assistant" means a core or special | ||||||
16 | education, non-licensed employee who assists a teacher in | ||||||
17 | the classroom and provides academic support to students. | ||||||
18 | "Instructional facilitator" means a qualified teacher | ||||||
19 | or licensed teacher leader who facilitates and coaches | ||||||
20 | continuous improvement in classroom instruction; provides | ||||||
21 | instructional support to teachers in the elements of | ||||||
22 | research-based instruction or demonstrates the alignment | ||||||
23 | of instruction with curriculum standards and assessment | ||||||
24 | tools; develops or coordinates instructional programs or | ||||||
25 | strategies; develops and implements training; chooses | ||||||
26 | standards-based instructional materials; provides |
| |||||||
| |||||||
1 | teachers with an understanding of current research; serves | ||||||
2 | as a mentor, site coach, curriculum specialist, or lead | ||||||
3 | teacher; or otherwise works with fellow teachers, in | ||||||
4 | collaboration, to use data to improve instructional | ||||||
5 | practice or develop model lessons. | ||||||
6 | "Instructional materials" means relevant | ||||||
7 | instructional materials for student instruction, | ||||||
8 | including, but not limited to, textbooks, consumable | ||||||
9 | workbooks, laboratory equipment, library books, and other | ||||||
10 | similar materials. | ||||||
11 | "Laboratory School" means a public school that is | ||||||
12 | created and operated by a public university and approved | ||||||
13 | by the State Board. | ||||||
14 | "Librarian" means a teacher with an endorsement as a | ||||||
15 | library information specialist or another individual whose | ||||||
16 | primary responsibility is overseeing library resources | ||||||
17 | within an Organizational Unit. | ||||||
18 | "Limiting rate for Hybrid Districts" means the | ||||||
19 | combined elementary school and high school limiting rates. | ||||||
20 | "Local Capacity" is defined in paragraph (1) of | ||||||
21 | subsection (c) of this Section. | ||||||
22 | "Local Capacity Percentage" is defined in subparagraph | ||||||
23 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
24 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
25 | of paragraph (2) of subsection (c) of this Section. | ||||||
26 | "Local Capacity Target" is defined in paragraph (2) of |
| |||||||
| |||||||
1 | subsection (c) of this Section. | ||||||
2 | "Low-Income Count" means, for an Organizational Unit | ||||||
3 | in a fiscal year, the higher of the average number of | ||||||
4 | students for the prior school year or the immediately | ||||||
5 | preceding 3 school years who, as of July 1 of the | ||||||
6 | immediately preceding fiscal year (as determined by the | ||||||
7 | Department of Human Services), are eligible for at least | ||||||
8 | one of the following low-income programs: Medicaid, the | ||||||
9 | Children's Health Insurance Program, Temporary Assistance | ||||||
10 | for Needy Families (TANF), or the Supplemental Nutrition | ||||||
11 | Assistance Program, excluding pupils who are eligible for | ||||||
12 | services provided by the Department of Children and Family | ||||||
13 | Services. Until such time that grade level low-income | ||||||
14 | populations become available, grade level low-income | ||||||
15 | populations shall be determined by applying the low-income | ||||||
16 | percentage to total student enrollments by grade level. | ||||||
17 | The low-income percentage is determined by dividing the | ||||||
18 | Low-Income Count by the Average Student Enrollment. The | ||||||
19 | low-income percentage for programs operated by a regional | ||||||
20 | office of education or an intermediate service center must | ||||||
21 | be set to the weighted average of the low-income | ||||||
22 | percentages of all of the school districts in the service | ||||||
23 | region. The weighted low-income percentage is the result | ||||||
24 | of multiplying the low-income percentage of each school | ||||||
25 | district served by the regional office of education or | ||||||
26 | intermediate service center by each school district's |
| |||||||
| |||||||
1 | Average Student Enrollment, summarizing those products and | ||||||
2 | dividing the total by the total Average Student Enrollment | ||||||
3 | for the service region. | ||||||
4 | "Maintenance and operations" means custodial services, | ||||||
5 | facility and ground maintenance, facility operations, | ||||||
6 | facility security, routine facility repairs, and other | ||||||
7 | similar services and functions. | ||||||
8 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
9 | subsection (g) of this Section. | ||||||
10 | "New Property Tax Relief Pool Funds" means, for any | ||||||
11 | given fiscal year, all State funds appropriated under | ||||||
12 | Section 2-3.170 of this the School Code. | ||||||
13 | "New State Funds" means, for a given school year, all | ||||||
14 | State funds appropriated for Evidence-Based Funding in | ||||||
15 | excess of the amount needed to fund the Base Funding | ||||||
16 | Minimum for all Organizational Units in that school year. | ||||||
17 | "Net State Contribution Target" means, for a given | ||||||
18 | school year, the amount of State funds that would be | ||||||
19 | necessary to fully meet the Adequacy Target of an | ||||||
20 | Operational Unit minus the Preliminary Resources available | ||||||
21 | to each unit. | ||||||
22 | "Nurse" means an individual licensed as a certified | ||||||
23 | school nurse, in accordance with the rules established for | ||||||
24 | nursing services by the State Board, who is an employee of | ||||||
25 | and is available to provide health care-related services | ||||||
26 | for students of an Organizational Unit. |
| |||||||
| |||||||
1 | "Operating Tax Rate" means the rate utilized in the | ||||||
2 | previous year to extend property taxes for all purposes, | ||||||
3 | except Bond and Interest, Summer School, Rent, Capital | ||||||
4 | Improvement, and Vocational Education Building purposes. | ||||||
5 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
6 | combined elementary and high school rates utilized in the | ||||||
7 | previous year to extend property taxes for all purposes, | ||||||
8 | except Bond and Interest, Summer School, Rent, Capital | ||||||
9 | Improvement, and Vocational Education Building purposes. | ||||||
10 | "Organizational Unit" means a Laboratory School or any | ||||||
11 | public school district that is recognized as such by the | ||||||
12 | State Board and that contains elementary schools typically | ||||||
13 | serving kindergarten through 5th grades, middle schools | ||||||
14 | typically serving 6th through 8th grades, high schools | ||||||
15 | typically serving 9th through 12th grades, a program | ||||||
16 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
17 | operated by a regional office of education or an | ||||||
18 | intermediate service center under Article 13A or 13B. The | ||||||
19 | General Assembly acknowledges that the actual grade levels | ||||||
20 | served by a particular Organizational Unit may vary | ||||||
21 | slightly from what is typical. | ||||||
22 | "Organizational Unit CWI" is determined by calculating | ||||||
23 | the CWI in the region and original county in which an | ||||||
24 | Organizational Unit's primary administrative office is | ||||||
25 | located as set forth in this paragraph, provided that if | ||||||
26 | the Organizational Unit CWI as calculated in accordance |
| |||||||
| |||||||
1 | with this paragraph is less than 0.9, the Organizational | ||||||
2 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
3 | CWI value shall be adjusted based on the CWI value of that | ||||||
4 | county's neighboring Illinois counties, to create a | ||||||
5 | "weighted adjusted index value". This shall be calculated | ||||||
6 | by summing the CWI values of all of a county's adjacent | ||||||
7 | Illinois counties and dividing by the number of adjacent | ||||||
8 | Illinois counties, then taking the weighted value of the | ||||||
9 | original county's CWI value and the adjacent Illinois | ||||||
10 | county average. To calculate this weighted value, if the | ||||||
11 | number of adjacent Illinois counties is greater than 2, | ||||||
12 | the original county's CWI value will be weighted at 0.25 | ||||||
13 | and the adjacent Illinois county average will be weighted | ||||||
14 | at 0.75. If the number of adjacent Illinois counties is 2, | ||||||
15 | the original county's CWI value will be weighted at 0.33 | ||||||
16 | and the adjacent Illinois county average will be weighted | ||||||
17 | at 0.66. The greater of the county's current CWI value and | ||||||
18 | its weighted adjusted index value shall be used as the | ||||||
19 | Organizational Unit CWI. | ||||||
20 | "Preceding Tax Year" means the property tax levy year | ||||||
21 | immediately preceding the Base Tax Year. | ||||||
22 | "Preceding Tax Year's Extension" means the product of | ||||||
23 | the equalized assessed valuation utilized by the county | ||||||
24 | clerk in the Preceding Tax Year multiplied by the | ||||||
25 | Operating Tax Rate. | ||||||
26 | "Preliminary Percent of Adequacy" is defined in |
| |||||||
| |||||||
1 | paragraph (2) of subsection (f) of this Section. | ||||||
2 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
3 | subsection (f) of this Section. | ||||||
4 | "Principal" means a school administrator duly endorsed | ||||||
5 | to be employed as a principal in this State. | ||||||
6 | "Professional development" means training programs for | ||||||
7 | licensed staff in schools, including, but not limited to, | ||||||
8 | programs that assist in implementing new curriculum | ||||||
9 | programs, provide data focused or academic assessment data | ||||||
10 | training to help staff identify a student's weaknesses and | ||||||
11 | strengths, target interventions, improve instruction, | ||||||
12 | encompass instructional strategies for English learner, | ||||||
13 | gifted, or at-risk students, address inclusivity, cultural | ||||||
14 | sensitivity, or implicit bias, or otherwise provide | ||||||
15 | professional support for licensed staff. | ||||||
16 | "Prototypical" means 450 special education | ||||||
17 | pre-kindergarten and kindergarten through grade 5 students | ||||||
18 | for an elementary school, 450 grade 6 through 8 students | ||||||
19 | for a middle school, and 600 grade 9 through 12 students | ||||||
20 | for a high school. | ||||||
21 | "PTELL" means the Property Tax Extension Limitation | ||||||
22 | Law. | ||||||
23 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
24 | (d) of this Section. | ||||||
25 | "Pupil support staff" means a nurse, psychologist, | ||||||
26 | social worker, family liaison personnel, or other staff |
| |||||||
| |||||||
1 | member who provides support to at-risk or struggling | ||||||
2 | students. | ||||||
3 | "Real Receipts" is defined in paragraph (1) of | ||||||
4 | subsection (d) of this Section. | ||||||
5 | "Regionalization Factor" means, for a particular | ||||||
6 | Organizational Unit, the figure derived by dividing the | ||||||
7 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
8 | "School counselor" means a licensed school counselor | ||||||
9 | who provides guidance and counseling support for students | ||||||
10 | within an Organizational Unit. | ||||||
11 | "School site staff" means the primary school secretary | ||||||
12 | and any additional clerical personnel assigned to a | ||||||
13 | school. | ||||||
14 | "Special education" means special educational | ||||||
15 | facilities and services, as defined in Section 14-1.08 of | ||||||
16 | this Code. | ||||||
17 | "Special Education Allocation" means the amount of an | ||||||
18 | Organizational Unit's final Adequacy Target attributable | ||||||
19 | to special education divided by the Organizational Unit's | ||||||
20 | final Adequacy Target, the product of which shall be | ||||||
21 | multiplied by the amount of new funding received pursuant | ||||||
22 | to this Section. An Organizational Unit's final Adequacy | ||||||
23 | Target attributable to special education shall include all | ||||||
24 | special education investment adequacy elements. | ||||||
25 | "Specialist teacher" means a teacher who provides | ||||||
26 | instruction in subject areas not included in core |
| |||||||
| |||||||
1 | subjects, including, but not limited to, art, music, | ||||||
2 | physical education, health, driver education, | ||||||
3 | career-technical education, and such other subject areas | ||||||
4 | as may be mandated by State law or provided by an | ||||||
5 | Organizational Unit. | ||||||
6 | "Specially Funded Unit" means an Alternative School, | ||||||
7 | safe school, Department of Juvenile Justice school, | ||||||
8 | special education cooperative or entity recognized by the | ||||||
9 | State Board as a special education cooperative, | ||||||
10 | State-approved charter school, or alternative learning | ||||||
11 | opportunities program that received direct funding from | ||||||
12 | the State Board during the 2016-2017 school year through | ||||||
13 | any of the funding sources included within the calculation | ||||||
14 | of the Base Funding Minimum or Glenwood Academy. | ||||||
15 | "Supplemental Grant Funding" means supplemental | ||||||
16 | general State aid funding received by an Organizational | ||||||
17 | Unit during the 2016-2017 school year pursuant to | ||||||
18 | subsection (H) of Section 18-8.05 of this Code (now | ||||||
19 | repealed). | ||||||
20 | "State Adequacy Level" is the sum of the Adequacy | ||||||
21 | Targets of all Organizational Units. | ||||||
22 | "State Board" means the State Board of Education. | ||||||
23 | "State Superintendent" means the State Superintendent | ||||||
24 | of Education. | ||||||
25 | "Statewide Weighted CWI" means a figure determined by | ||||||
26 | multiplying each Organizational Unit CWI times the ASE for |
| |||||||
| |||||||
1 | that Organizational Unit creating a weighted value, | ||||||
2 | summing all Organizational Units' weighted values, and | ||||||
3 | dividing by the total ASE of all Organizational Units, | ||||||
4 | thereby creating an average weighted index. | ||||||
5 | "Student activities" means non-credit producing | ||||||
6 | after-school programs, including, but not limited to, | ||||||
7 | clubs, bands, sports, and other activities authorized by | ||||||
8 | the school board of the Organizational Unit. | ||||||
9 | "Substitute teacher" means an individual teacher or | ||||||
10 | teaching assistant who is employed by an Organizational | ||||||
11 | Unit and is temporarily serving the Organizational Unit on | ||||||
12 | a per diem or per period-assignment basis to replace | ||||||
13 | another staff member. | ||||||
14 | "Summer school" means academic and enrichment programs | ||||||
15 | provided to students during the summer months outside of | ||||||
16 | the regular school year. | ||||||
17 | "Supervisory aide" means a non-licensed staff member | ||||||
18 | who helps in supervising students of an Organizational | ||||||
19 | Unit, but does so outside of the classroom, in situations | ||||||
20 | such as, but not limited to, monitoring hallways and | ||||||
21 | playgrounds, supervising lunchrooms, or supervising | ||||||
22 | students when being transported in buses serving the | ||||||
23 | Organizational Unit. | ||||||
24 | "Target Ratio" is defined in paragraph (4) of | ||||||
25 | subsection (g). | ||||||
26 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined |
| |||||||
| |||||||
1 | in paragraph (3) of subsection (g). | ||||||
2 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
3 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||||||
4 | Aggregate Funding" are defined in paragraph (1) of | ||||||
5 | subsection (g). | ||||||
6 | (b) Adequacy Target calculation. | ||||||
7 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
8 | sum of the Organizational Unit's cost of providing | ||||||
9 | Essential Elements, as calculated in accordance with this | ||||||
10 | subsection (b), with the salary amounts in the Essential | ||||||
11 | Elements multiplied by a Regionalization Factor calculated | ||||||
12 | pursuant to paragraph (3) of this subsection (b). | ||||||
13 | (2) The Essential Elements are attributable on a pro | ||||||
14 | rata basis related to defined subgroups of the ASE of each | ||||||
15 | Organizational Unit as specified in this paragraph (2), | ||||||
16 | with investments and FTE positions pro rata funded based | ||||||
17 | on ASE counts in excess of or less than the thresholds set | ||||||
18 | forth in this paragraph (2). The method for calculating | ||||||
19 | attributable pro rata costs and the defined subgroups | ||||||
20 | thereto are as follows: | ||||||
21 | (A) Core class size investments. Each | ||||||
22 | Organizational Unit shall receive the funding required | ||||||
23 | to support that number of FTE core teacher positions | ||||||
24 | as is needed to keep the respective class sizes of the | ||||||
25 | Organizational Unit to the following maximum numbers: | ||||||
26 | (i) For grades kindergarten through 3, the |
| |||||||
| |||||||
1 | Organizational Unit shall receive funding required | ||||||
2 | to support one FTE core teacher position for every | ||||||
3 | 15 Low-Income Count students in those grades and | ||||||
4 | one FTE core teacher position for every 20 | ||||||
5 | non-Low-Income Count students in those grades. | ||||||
6 | (ii) For grades 4 through 12, the | ||||||
7 | Organizational Unit shall receive funding required | ||||||
8 | to support one FTE core teacher position for every | ||||||
9 | 20 Low-Income Count students in those grades and | ||||||
10 | one FTE core teacher position for every 25 | ||||||
11 | non-Low-Income Count students in those grades. | ||||||
12 | The number of non-Low-Income Count students in a | ||||||
13 | grade shall be determined by subtracting the | ||||||
14 | Low-Income students in that grade from the ASE of the | ||||||
15 | Organizational Unit for that grade. | ||||||
16 | (B) Specialist teacher investments. Each | ||||||
17 | Organizational Unit shall receive the funding needed | ||||||
18 | to cover that number of FTE specialist teacher | ||||||
19 | positions that correspond to the following | ||||||
20 | percentages: | ||||||
21 | (i) if the Organizational Unit operates an | ||||||
22 | elementary or middle school, then 20.00% of the | ||||||
23 | number of the Organizational Unit's core teachers, | ||||||
24 | as determined under subparagraph (A) of this | ||||||
25 | paragraph (2); and | ||||||
26 | (ii) if such Organizational Unit operates a |
| |||||||
| |||||||
1 | high school, then 33.33% of the number of the | ||||||
2 | Organizational Unit's core teachers. | ||||||
3 | (C) Instructional facilitator investments. Each | ||||||
4 | Organizational Unit shall receive the funding needed | ||||||
5 | to cover one FTE instructional facilitator position | ||||||
6 | for every 200 combined ASE of pre-kindergarten | ||||||
7 | children with disabilities and all kindergarten | ||||||
8 | through grade 12 students of the Organizational Unit. | ||||||
9 | (D) Core intervention teacher (tutor) investments. | ||||||
10 | Each Organizational Unit shall receive the funding | ||||||
11 | needed to cover one FTE teacher position for each | ||||||
12 | prototypical elementary, middle, and high school. | ||||||
13 | (E) Substitute teacher investments. Each | ||||||
14 | Organizational Unit shall receive the funding needed | ||||||
15 | to cover substitute teacher costs that is equal to | ||||||
16 | 5.70% of the minimum pupil attendance days required | ||||||
17 | under Section 10-19 of this Code for all full-time | ||||||
18 | equivalent core, specialist, and intervention | ||||||
19 | teachers, school nurses, special education teachers | ||||||
20 | and instructional assistants, instructional | ||||||
21 | facilitators, and summer school and extended day | ||||||
22 | teacher positions, as determined under this paragraph | ||||||
23 | (2), at a salary rate of 33.33% of the average salary | ||||||
24 | for grade K through 12 teachers and 33.33% of the | ||||||
25 | average salary of each instructional assistant | ||||||
26 | position. |
| |||||||
| |||||||
1 | (F) Core school guidance counselor investments. | ||||||
2 | Each Organizational Unit shall receive the funding | ||||||
3 | needed to cover one FTE school guidance counselor for | ||||||
4 | each 450 combined ASE of pre-kindergarten children | ||||||
5 | with disabilities and all kindergarten through grade 5 | ||||||
6 | students, plus one FTE school guidance counselor for | ||||||
7 | each 250 grades 6 through 8 ASE middle school | ||||||
8 | students, plus one FTE school guidance counselor for | ||||||
9 | each 250 grades 9 through 12 ASE high school students. | ||||||
10 | (G) Nurse investments. Each Organizational Unit | ||||||
11 | shall receive the funding needed to cover one FTE | ||||||
12 | nurse for each 750 combined ASE of pre-kindergarten | ||||||
13 | children with disabilities and all kindergarten | ||||||
14 | through grade 12 students across all grade levels it | ||||||
15 | serves. | ||||||
16 | (H) Supervisory aide investments. Each | ||||||
17 | Organizational Unit shall receive the funding needed | ||||||
18 | to cover one FTE for each 225 combined ASE of | ||||||
19 | pre-kindergarten children with disabilities and all | ||||||
20 | kindergarten through grade 5 students, plus one FTE | ||||||
21 | for each 225 ASE middle school students, plus one FTE | ||||||
22 | for each 200 ASE high school students. | ||||||
23 | (I) Librarian investments. Each Organizational | ||||||
24 | Unit shall receive the funding needed to cover one FTE | ||||||
25 | librarian for each prototypical elementary school, | ||||||
26 | middle school, and high school and one FTE aide or |
| |||||||
| |||||||
1 | media technician for every 300 combined ASE of | ||||||
2 | pre-kindergarten children with disabilities and all | ||||||
3 | kindergarten through grade 12 students. | ||||||
4 | (J) Principal investments. Each Organizational | ||||||
5 | Unit shall receive the funding needed to cover one FTE | ||||||
6 | principal position for each prototypical elementary | ||||||
7 | school, plus one FTE principal position for each | ||||||
8 | prototypical middle school, plus one FTE principal | ||||||
9 | position for each prototypical high school. | ||||||
10 | (K) Assistant principal investments. Each | ||||||
11 | Organizational Unit shall receive the funding needed | ||||||
12 | to cover one FTE assistant principal position for each | ||||||
13 | prototypical elementary school, plus one FTE assistant | ||||||
14 | principal position for each prototypical middle | ||||||
15 | school, plus one FTE assistant principal position for | ||||||
16 | each prototypical high school. | ||||||
17 | (L) School site staff investments. Each | ||||||
18 | Organizational Unit shall receive the funding needed | ||||||
19 | for one FTE position for each 225 ASE of | ||||||
20 | pre-kindergarten children with disabilities and all | ||||||
21 | kindergarten through grade 5 students, plus one FTE | ||||||
22 | position for each 225 ASE middle school students, plus | ||||||
23 | one FTE position for each 200 ASE high school | ||||||
24 | students. | ||||||
25 | (M) Gifted investments. Each Organizational Unit | ||||||
26 | shall receive $40 per kindergarten through grade 12 |
| |||||||
| |||||||
1 | ASE. | ||||||
2 | (N) Professional development investments. Each | ||||||
3 | Organizational Unit shall receive $125 per student of | ||||||
4 | the combined ASE of pre-kindergarten children with | ||||||
5 | disabilities and all kindergarten through grade 12 | ||||||
6 | students for trainers and other professional | ||||||
7 | development-related expenses for supplies and | ||||||
8 | materials. | ||||||
9 | (O) Instructional material investments. Each | ||||||
10 | Organizational Unit shall receive $190 per student of | ||||||
11 | the combined ASE of pre-kindergarten children with | ||||||
12 | disabilities and all kindergarten through grade 12 | ||||||
13 | students to cover instructional material costs. | ||||||
14 | (P) Assessment investments. Each Organizational | ||||||
15 | Unit shall receive $25 per student of the combined ASE | ||||||
16 | of pre-kindergarten children with disabilities and all | ||||||
17 | kindergarten through grade 12 students to cover | ||||||
18 | assessment costs. | ||||||
19 | (Q) Computer technology and equipment investments. | ||||||
20 | Each Organizational Unit shall receive $285.50 per | ||||||
21 | student of the combined ASE of pre-kindergarten | ||||||
22 | children with disabilities and all kindergarten | ||||||
23 | through grade 12 students to cover computer technology | ||||||
24 | and equipment costs. For the 2018-2019 school year and | ||||||
25 | subsequent school years, Organizational Units assigned | ||||||
26 | to Tier 1 and Tier 2 in the prior school year shall |
| |||||||
| |||||||
1 | receive an additional $285.50 per student of the | ||||||
2 | combined ASE of pre-kindergarten children with | ||||||
3 | disabilities and all kindergarten through grade 12 | ||||||
4 | students to cover computer technology and equipment | ||||||
5 | costs in the Organizational Unit's Adequacy Target. | ||||||
6 | The State Board may establish additional requirements | ||||||
7 | for Organizational Unit expenditures of funds received | ||||||
8 | pursuant to this subparagraph (Q), including a | ||||||
9 | requirement that funds received pursuant to this | ||||||
10 | subparagraph (Q) may be used only for serving the | ||||||
11 | technology needs of the district. It is the intent of | ||||||
12 | Public Act 100-465 that all Tier 1 and Tier 2 districts | ||||||
13 | receive the addition to their Adequacy Target in the | ||||||
14 | following year, subject to compliance with the | ||||||
15 | requirements of the State Board. | ||||||
16 | (R) Student activities investments. Each | ||||||
17 | Organizational Unit shall receive the following | ||||||
18 | funding amounts to cover student activities: $100 per | ||||||
19 | kindergarten through grade 5 ASE student in elementary | ||||||
20 | school, plus $200 per ASE student in middle school, | ||||||
21 | plus $675 per ASE student in high school. | ||||||
22 | (S) Maintenance and operations investments. Each | ||||||
23 | Organizational Unit shall receive $1,038 per student | ||||||
24 | of the combined ASE of pre-kindergarten children with | ||||||
25 | disabilities and all kindergarten through grade 12 | ||||||
26 | students for day-to-day maintenance and operations |
| |||||||
| |||||||
1 | expenditures, including salary, supplies, and | ||||||
2 | materials, as well as purchased services, but | ||||||
3 | excluding employee benefits. The proportion of salary | ||||||
4 | for the application of a Regionalization Factor and | ||||||
5 | the calculation of benefits is equal to $352.92. | ||||||
6 | (T) Central office investments. Each | ||||||
7 | Organizational Unit shall receive $742 per student of | ||||||
8 | the combined ASE of pre-kindergarten children with | ||||||
9 | disabilities and all kindergarten through grade 12 | ||||||
10 | students to cover central office operations, including | ||||||
11 | administrators and classified personnel charged with | ||||||
12 | managing the instructional programs, business and | ||||||
13 | operations of the school district, and security | ||||||
14 | personnel. The proportion of salary for the | ||||||
15 | application of a Regionalization Factor and the | ||||||
16 | calculation of benefits is equal to $368.48. | ||||||
17 | (U) Employee benefit investments. Each | ||||||
18 | Organizational Unit shall receive 30% of the total of | ||||||
19 | all salary-calculated elements of the Adequacy Target, | ||||||
20 | excluding substitute teachers and student activities | ||||||
21 | investments, to cover benefit costs. For central | ||||||
22 | office and maintenance and operations investments, the | ||||||
23 | benefit calculation shall be based upon the salary | ||||||
24 | proportion of each investment. If at any time the | ||||||
25 | responsibility for funding the employer normal cost of | ||||||
26 | teacher pensions is assigned to school districts, then |
| |||||||
| |||||||
1 | that amount certified by the Teachers' Retirement | ||||||
2 | System of the State of Illinois to be paid by the | ||||||
3 | Organizational Unit for the preceding school year | ||||||
4 | shall be added to the benefit investment. For any | ||||||
5 | fiscal year in which a school district organized under | ||||||
6 | Article 34 of this Code is responsible for paying the | ||||||
7 | employer normal cost of teacher pensions, then that | ||||||
8 | amount of its employer normal cost plus the amount for | ||||||
9 | retiree health insurance as certified by the Public | ||||||
10 | School Teachers' Pension and Retirement Fund of | ||||||
11 | Chicago to be paid by the school district for the | ||||||
12 | preceding school year that is statutorily required to | ||||||
13 | cover employer normal costs and the amount for retiree | ||||||
14 | health insurance shall be added to the 30% specified | ||||||
15 | in this subparagraph (U). The Teachers' Retirement | ||||||
16 | System of the State of Illinois and the Public School | ||||||
17 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
18 | submit such information as the State Superintendent | ||||||
19 | may require for the calculations set forth in this | ||||||
20 | subparagraph (U). | ||||||
21 | (V) Additional investments in low-income students. | ||||||
22 | In addition to and not in lieu of all other funding | ||||||
23 | under this paragraph (2), each Organizational Unit | ||||||
24 | shall receive funding based on the average teacher | ||||||
25 | salary for grades K through 12 to cover the costs of: | ||||||
26 | (i) one FTE intervention teacher (tutor) |
| |||||||
| |||||||
1 | position for every 125 Low-Income Count students; | ||||||
2 | (ii) one FTE pupil support staff position for | ||||||
3 | every 125 Low-Income Count students; | ||||||
4 | (iii) one FTE extended day teacher position | ||||||
5 | for every 120 Low-Income Count students; and | ||||||
6 | (iv) one FTE summer school teacher position | ||||||
7 | for every 120 Low-Income Count students. | ||||||
8 | (W) Additional investments in English learner | ||||||
9 | students. In addition to and not in lieu of all other | ||||||
10 | funding under this paragraph (2), each Organizational | ||||||
11 | Unit shall receive funding based on the average | ||||||
12 | teacher salary for grades K through 12 to cover the | ||||||
13 | costs of: | ||||||
14 | (i) one FTE intervention teacher (tutor) | ||||||
15 | position for every 125 English learner students; | ||||||
16 | (ii) one FTE pupil support staff position for | ||||||
17 | every 125 English learner students; | ||||||
18 | (iii) one FTE extended day teacher position | ||||||
19 | for every 120 English learner students; | ||||||
20 | (iv) one FTE summer school teacher position | ||||||
21 | for every 120 English learner students; and | ||||||
22 | (v) one FTE core teacher position for every | ||||||
23 | 100 English learner students. | ||||||
24 | (X) Special education investments. Each | ||||||
25 | Organizational Unit shall receive funding based on the | ||||||
26 | average teacher salary for grades K through 12 to |
| |||||||
| |||||||
1 | cover special education as follows: | ||||||
2 | (i) one FTE teacher position for every 141 | ||||||
3 | combined ASE of pre-kindergarten children with | ||||||
4 | disabilities and all kindergarten through grade 12 | ||||||
5 | students; | ||||||
6 | (ii) one FTE instructional assistant for every | ||||||
7 | 141 combined ASE of pre-kindergarten children with | ||||||
8 | disabilities and all kindergarten through grade 12 | ||||||
9 | students; and | ||||||
10 | (iii) one FTE psychologist position for every | ||||||
11 | 1,000 combined ASE of pre-kindergarten children | ||||||
12 | with disabilities and all kindergarten through | ||||||
13 | grade 12 students. | ||||||
14 | (3) For calculating the salaries included within the | ||||||
15 | Essential Elements, the State Superintendent shall | ||||||
16 | annually calculate average salaries to the nearest dollar | ||||||
17 | using the employment information system data maintained by | ||||||
18 | the State Board, limited to public schools only and | ||||||
19 | excluding special education and vocational cooperatives, | ||||||
20 | schools operated by the Department of Juvenile Justice, | ||||||
21 | and charter schools, for the following positions: | ||||||
22 | (A) Teacher for grades K through 8. | ||||||
23 | (B) Teacher for grades 9 through 12. | ||||||
24 | (C) Teacher for grades K through 12. | ||||||
25 | (D) School Guidance counselor for grades K through | ||||||
26 | 8. |
| |||||||
| |||||||
1 | (E) School Guidance counselor for grades 9 through | ||||||
2 | 12. | ||||||
3 | (F) School Guidance counselor for grades K through | ||||||
4 | 12. | ||||||
5 | (G) Social worker. | ||||||
6 | (H) Psychologist. | ||||||
7 | (I) Librarian. | ||||||
8 | (J) Nurse. | ||||||
9 | (K) Principal. | ||||||
10 | (L) Assistant principal. | ||||||
11 | For the purposes of this paragraph (3), "teacher" | ||||||
12 | includes core teachers, specialist and elective teachers, | ||||||
13 | instructional facilitators, tutors, special education | ||||||
14 | teachers, pupil support staff teachers, English learner | ||||||
15 | teachers, extended day teachers, and summer school | ||||||
16 | teachers. Where specific grade data is not required for | ||||||
17 | the Essential Elements, the average salary for | ||||||
18 | corresponding positions shall apply. For substitute | ||||||
19 | teachers, the average teacher salary for grades K through | ||||||
20 | 12 shall apply. | ||||||
21 | For calculating the salaries included within the | ||||||
22 | Essential Elements for positions not included within EIS | ||||||
23 | Data, the following salaries shall be used in the first | ||||||
24 | year of implementation of Evidence-Based Funding: | ||||||
25 | (i) school site staff, $30,000; and | ||||||
26 | (ii) non-instructional assistant, instructional |
| |||||||
| |||||||
1 | assistant, library aide, library media tech, or | ||||||
2 | supervisory aide: $25,000. | ||||||
3 | In the second and subsequent years of implementation | ||||||
4 | of Evidence-Based Funding, the amounts in items (i) and | ||||||
5 | (ii) of this paragraph (3) shall annually increase by the | ||||||
6 | ECI. | ||||||
7 | The salary amounts for the Essential Elements | ||||||
8 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
9 | and (T), and (V) through (X) of paragraph (2) of | ||||||
10 | subsection (b) of this Section shall be multiplied by a | ||||||
11 | Regionalization Factor. | ||||||
12 | (c) Local Capacity calculation. | ||||||
13 | (1) Each Organizational Unit's Local Capacity | ||||||
14 | represents an amount of funding it is assumed to | ||||||
15 | contribute toward its Adequacy Target for purposes of the | ||||||
16 | Evidence-Based Funding formula calculation. "Local | ||||||
17 | Capacity" means either (i) the Organizational Unit's Local | ||||||
18 | Capacity Target as calculated in accordance with paragraph | ||||||
19 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
20 | to or less than its Local Capacity Target or (ii) the | ||||||
21 | Organizational Unit's Adjusted Local Capacity, as | ||||||
22 | calculated in accordance with paragraph (3) of this | ||||||
23 | subsection (c) if Real Receipts are more than its Local | ||||||
24 | Capacity Target. | ||||||
25 | (2) "Local Capacity Target" means, for an | ||||||
26 | Organizational Unit, that dollar amount that is obtained |
| |||||||
| |||||||
1 | by multiplying its Adequacy Target by its Local Capacity | ||||||
2 | Ratio. | ||||||
3 | (A) An Organizational Unit's Local Capacity | ||||||
4 | Percentage is the conversion of the Organizational | ||||||
5 | Unit's Local Capacity Ratio, as such ratio is | ||||||
6 | determined in accordance with subparagraph (B) of this | ||||||
7 | paragraph (2), into a cumulative distribution | ||||||
8 | resulting in a percentile ranking to determine each | ||||||
9 | Organizational Unit's relative position to all other | ||||||
10 | Organizational Units in this State. The calculation of | ||||||
11 | Local Capacity Percentage is described in subparagraph | ||||||
12 | (C) of this paragraph (2). | ||||||
13 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
14 | in a given year is the percentage obtained by dividing | ||||||
15 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
16 | its Adequacy Target, with the resulting ratio further | ||||||
17 | adjusted as follows: | ||||||
18 | (i) for Organizational Units serving grades | ||||||
19 | kindergarten through 12 and Hybrid Districts, no | ||||||
20 | further adjustments shall be made; | ||||||
21 | (ii) for Organizational Units serving grades | ||||||
22 | kindergarten through 8, the ratio shall be | ||||||
23 | multiplied by 9/13; | ||||||
24 | (iii) for Organizational Units serving grades | ||||||
25 | 9 through 12, the Local Capacity Ratio shall be | ||||||
26 | multiplied by 4/13; and |
| |||||||
| |||||||
1 | (iv) for an Organizational Unit with a | ||||||
2 | different grade configuration than those specified | ||||||
3 | in items (i) through (iii) of this subparagraph | ||||||
4 | (B), the State Superintendent shall determine a | ||||||
5 | comparable adjustment based on the grades served. | ||||||
6 | (C) The Local Capacity Percentage is equal to the | ||||||
7 | percentile ranking of the district. Local Capacity | ||||||
8 | Percentage converts each Organizational Unit's Local | ||||||
9 | Capacity Ratio to a cumulative distribution resulting | ||||||
10 | in a percentile ranking to determine each | ||||||
11 | Organizational Unit's relative position to all other | ||||||
12 | Organizational Units in this State. The Local Capacity | ||||||
13 | Percentage cumulative distribution resulting in a | ||||||
14 | percentile ranking for each Organizational Unit shall | ||||||
15 | be calculated using the standard normal distribution | ||||||
16 | of the score in relation to the weighted mean and | ||||||
17 | weighted standard deviation and Local Capacity Ratios | ||||||
18 | of all Organizational Units. If the value assigned to | ||||||
19 | any Organizational Unit is in excess of 90%, the value | ||||||
20 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
21 | Local Capacity Percentage shall be set at 10% in
| ||||||
22 | recognition of the absence of EAV and resources from | ||||||
23 | the public university that are allocated to
the | ||||||
24 | Laboratory School. For programs operated by a regional | ||||||
25 | office of education or an intermediate service center, | ||||||
26 | the Local Capacity Percentage must be set at 10% in |
| |||||||
| |||||||
1 | recognition of the absence of EAV and resources from | ||||||
2 | school districts that are allocated to the regional | ||||||
3 | office of education or intermediate service center. | ||||||
4 | The weighted mean for the Local Capacity Percentage | ||||||
5 | shall be determined by multiplying each Organizational | ||||||
6 | Unit's Local Capacity Ratio times the ASE for the unit | ||||||
7 | creating a weighted value, summing the weighted values | ||||||
8 | of all Organizational Units, and dividing by the total | ||||||
9 | ASE of all Organizational Units. The weighted standard | ||||||
10 | deviation shall be determined by taking the square | ||||||
11 | root of the weighted variance of all Organizational | ||||||
12 | Units' Local Capacity Ratio, where the variance is | ||||||
13 | calculated by squaring the difference between each | ||||||
14 | unit's Local Capacity Ratio and the weighted mean, | ||||||
15 | then multiplying the variance for each unit times the | ||||||
16 | ASE for the unit to create a weighted variance for each | ||||||
17 | unit, then summing all units' weighted variance and | ||||||
18 | dividing by the total ASE of all units. | ||||||
19 | (D) For any Organizational Unit, the | ||||||
20 | Organizational Unit's Adjusted Local Capacity Target | ||||||
21 | shall be reduced by either (i) the school board's | ||||||
22 | remaining contribution pursuant to paragraph (ii) of | ||||||
23 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
24 | Pension Code in a given year or (ii) the board of | ||||||
25 | education's remaining contribution pursuant to | ||||||
26 | paragraph (iv) of subsection (b) of Section 17-129 of |
| |||||||
| |||||||
1 | the Illinois Pension Code absent the employer normal | ||||||
2 | cost portion of the required contribution and amount | ||||||
3 | allowed pursuant to subdivision (3) of Section | ||||||
4 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
5 | In the preceding sentence, item (i) shall be certified | ||||||
6 | to the State Board of Education by the Teachers' | ||||||
7 | Retirement System of the State of Illinois and item | ||||||
8 | (ii) shall be certified to the State Board of | ||||||
9 | Education by the Public School Teachers' Pension and | ||||||
10 | Retirement Fund of the City of Chicago. | ||||||
11 | (3) If an Organizational Unit's Real Receipts are more | ||||||
12 | than its Local Capacity Target, then its Local Capacity | ||||||
13 | shall equal an Adjusted Local Capacity Target as | ||||||
14 | calculated in accordance with this paragraph (3). The | ||||||
15 | Adjusted Local Capacity Target is calculated as the sum of | ||||||
16 | the Organizational Unit's Local Capacity Target and its | ||||||
17 | Real Receipts Adjustment. The Real Receipts Adjustment | ||||||
18 | equals the Organizational Unit's Real Receipts less its | ||||||
19 | Local Capacity Target, with the resulting figure | ||||||
20 | multiplied by the Local Capacity Percentage. | ||||||
21 | As used in this paragraph (3), "Real Percent of | ||||||
22 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
23 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
24 | resulting figure divided by the Organizational Unit's | ||||||
25 | Adequacy Target. | ||||||
26 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV |
| |||||||
| |||||||
1 | for purposes of the Local Capacity calculation. | ||||||
2 | (1) An Organizational Unit's Real Receipts are the | ||||||
3 | product of its Applicable Tax Rate and its Adjusted EAV. | ||||||
4 | An Organizational Unit's Applicable Tax Rate is its | ||||||
5 | Adjusted Operating Tax Rate for property within the | ||||||
6 | Organizational Unit. | ||||||
7 | (2) The State Superintendent shall calculate the | ||||||
8 | equalized assessed valuation, or EAV, of all taxable | ||||||
9 | property of each Organizational Unit as of September 30 of | ||||||
10 | the previous year in accordance with paragraph (3) of this | ||||||
11 | subsection (d). The State Superintendent shall then | ||||||
12 | determine the Adjusted EAV of each Organizational Unit in | ||||||
13 | accordance with paragraph (4) of this subsection (d), | ||||||
14 | which Adjusted EAV figure shall be used for the purposes | ||||||
15 | of calculating Local Capacity. | ||||||
16 | (3) To calculate Real Receipts and EAV, the Department | ||||||
17 | of Revenue shall supply to the State Superintendent the | ||||||
18 | value as equalized or assessed by the Department of | ||||||
19 | Revenue of all taxable property of every Organizational | ||||||
20 | Unit, together with (i) the applicable tax rate used in | ||||||
21 | extending taxes for the funds of the Organizational Unit | ||||||
22 | as of September 30 of the previous year and (ii) the | ||||||
23 | limiting rate for all Organizational Units subject to | ||||||
24 | property tax extension limitations as imposed under PTELL. | ||||||
25 | (A) The Department of Revenue shall add to the | ||||||
26 | equalized assessed value of all taxable property of |
| |||||||
| |||||||
1 | each Organizational Unit situated entirely or | ||||||
2 | partially within a county that is or was subject to the | ||||||
3 | provisions of Section 15-176 or 15-177 of the Property | ||||||
4 | Tax Code (i) an amount equal to the total amount by | ||||||
5 | which the homestead exemption allowed under Section | ||||||
6 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
7 | property situated in that Organizational Unit exceeds | ||||||
8 | the total amount that would have been allowed in that | ||||||
9 | Organizational Unit if the maximum reduction under | ||||||
10 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
11 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
12 | in all counties in tax year 2004 and thereafter and | ||||||
13 | (ii) an amount equal to the aggregate amount for the | ||||||
14 | taxable year of all additional exemptions under | ||||||
15 | Section 15-175 of the Property Tax Code for owners | ||||||
16 | with a household income of $30,000 or less. The county | ||||||
17 | clerk of any county that is or was subject to the | ||||||
18 | provisions of Section 15-176 or 15-177 of the Property | ||||||
19 | Tax Code shall annually calculate and certify to the | ||||||
20 | Department of Revenue for each Organizational Unit all | ||||||
21 | homestead exemption amounts under Section 15-176 or | ||||||
22 | 15-177 of the Property Tax Code and all amounts of | ||||||
23 | additional exemptions under Section 15-175 of the | ||||||
24 | Property Tax Code for owners with a household income | ||||||
25 | of $30,000 or less. It is the intent of this | ||||||
26 | subparagraph (A) that if the general homestead |
| |||||||
| |||||||
1 | exemption for a parcel of property is determined under | ||||||
2 | Section 15-176 or 15-177 of the Property Tax Code | ||||||
3 | rather than Section 15-175, then the calculation of | ||||||
4 | EAV shall not be affected by the difference, if any, | ||||||
5 | between the amount of the general homestead exemption | ||||||
6 | allowed for that parcel of property under Section | ||||||
7 | 15-176 or 15-177 of the Property Tax Code and the | ||||||
8 | amount that would have been allowed had the general | ||||||
9 | homestead exemption for that parcel of property been | ||||||
10 | determined under Section 15-175 of the Property Tax | ||||||
11 | Code. It is further the intent of this subparagraph | ||||||
12 | (A) that if additional exemptions are allowed under | ||||||
13 | Section 15-175 of the Property Tax Code for owners | ||||||
14 | with a household income of less than $30,000, then the | ||||||
15 | calculation of EAV shall not be affected by the | ||||||
16 | difference, if any, because of those additional | ||||||
17 | exemptions. | ||||||
18 | (B) With respect to any part of an Organizational | ||||||
19 | Unit within a redevelopment project area in respect to | ||||||
20 | which a municipality has adopted tax increment | ||||||
21 | allocation financing pursuant to the Tax Increment | ||||||
22 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
23 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
24 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
25 | Illinois Municipal Code, no part of the current EAV of | ||||||
26 | real property located in any such project area that is |
| |||||||
| |||||||
1 | attributable to an increase above the total initial | ||||||
2 | EAV of such property shall be used as part of the EAV | ||||||
3 | of the Organizational Unit, until such time as all | ||||||
4 | redevelopment project costs have been paid, as | ||||||
5 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
6 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
7 | of the Industrial Jobs Recovery Law. For the purpose | ||||||
8 | of the EAV of the Organizational Unit, the total | ||||||
9 | initial EAV or the current EAV, whichever is lower, | ||||||
10 | shall be used until such time as all redevelopment | ||||||
11 | project costs have been paid. | ||||||
12 | (B-5) The real property equalized assessed | ||||||
13 | valuation for a school district shall be adjusted by | ||||||
14 | subtracting from the real property value, as equalized | ||||||
15 | or assessed by the Department of Revenue, for the | ||||||
16 | district an amount computed by dividing the amount of | ||||||
17 | any abatement of taxes under Section 18-170 of the | ||||||
18 | Property Tax Code by 3.00% for a district maintaining | ||||||
19 | grades kindergarten through 12, by 2.30% for a | ||||||
20 | district maintaining grades kindergarten through 8, or | ||||||
21 | by 1.05% for a district maintaining grades 9 through | ||||||
22 | 12 and adjusted by an amount computed by dividing the | ||||||
23 | amount of any abatement of taxes under subsection (a) | ||||||
24 | of Section 18-165 of the Property Tax Code by the same | ||||||
25 | percentage rates for district type as specified in | ||||||
26 | this subparagraph (B-5). |
| |||||||
| |||||||
1 | (C) For Organizational Units that are Hybrid | ||||||
2 | Districts, the State Superintendent shall use the | ||||||
3 | lesser of the adjusted equalized assessed valuation | ||||||
4 | for property within the partial elementary unit | ||||||
5 | district for elementary purposes, as defined in | ||||||
6 | Article 11E of this Code, or the adjusted equalized | ||||||
7 | assessed valuation for property within the partial | ||||||
8 | elementary unit district for high school purposes, as | ||||||
9 | defined in Article 11E of this Code. | ||||||
10 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
11 | average of its EAV over the immediately preceding 3 years | ||||||
12 | or its EAV in the immediately preceding year if the EAV in | ||||||
13 | the immediately preceding year has declined by 10% or more | ||||||
14 | compared to the 3-year average. In the event of | ||||||
15 | Organizational Unit reorganization, consolidation, or | ||||||
16 | annexation, the Organizational Unit's Adjusted EAV for the | ||||||
17 | first 3 years after such change shall be as follows: the | ||||||
18 | most current EAV shall be used in the first year, the | ||||||
19 | average of a 2-year EAV or its EAV in the immediately | ||||||
20 | preceding year if the EAV declines by 10% or more compared | ||||||
21 | to the 2-year average for the second year, and a 3-year | ||||||
22 | average EAV or its EAV in the immediately preceding year | ||||||
23 | if the Adjusted EAV declines by 10% or more compared to the | ||||||
24 | 3-year average for the third year. For any school district | ||||||
25 | whose EAV in the immediately preceding year is used in | ||||||
26 | calculations, in the following year, the Adjusted EAV |
| |||||||
| |||||||
1 | shall be the average of its EAV over the immediately | ||||||
2 | preceding 2 years or the immediately preceding year if | ||||||
3 | that year represents a decline of 10% or more compared to | ||||||
4 | the 2-year average. | ||||||
5 | "PTELL EAV" means a figure calculated by the State | ||||||
6 | Board for Organizational Units subject to PTELL as | ||||||
7 | described in this paragraph (4) for the purposes of | ||||||
8 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
9 | Except as otherwise provided in this paragraph (4), the | ||||||
10 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
11 | product of the equalized assessed valuation last used in | ||||||
12 | the calculation of general State aid under Section 18-8.05 | ||||||
13 | of this Code (now repealed) or Evidence-Based Funding | ||||||
14 | under this Section and the Organizational Unit's Extension | ||||||
15 | Limitation Ratio. If an Organizational Unit has approved | ||||||
16 | or does approve an increase in its limiting rate, pursuant | ||||||
17 | to Section 18-190 of the Property Tax Code, affecting the | ||||||
18 | Base Tax Year, the PTELL EAV shall be equal to the product | ||||||
19 | of the equalized assessed valuation last used in the | ||||||
20 | calculation of general State aid under Section 18-8.05 of | ||||||
21 | this Code (now repealed) or Evidence-Based Funding under | ||||||
22 | this Section multiplied by an amount equal to one plus the | ||||||
23 | percentage increase, if any, in the Consumer Price Index | ||||||
24 | for All Urban Consumers for all items published by the | ||||||
25 | United States Department of Labor for the 12-month | ||||||
26 | calendar year preceding the Base Tax Year, plus the |
| |||||||
| |||||||
1 | equalized assessed valuation of new property, annexed | ||||||
2 | property, and recovered tax increment value and minus the | ||||||
3 | equalized assessed valuation of disconnected property. | ||||||
4 | As used in this paragraph (4), "new property" and | ||||||
5 | "recovered tax increment value" shall have the meanings | ||||||
6 | set forth in the Property Tax Extension Limitation Law. | ||||||
7 | (e) Base Funding Minimum calculation. | ||||||
8 | (1) For the 2017-2018 school year, the Base Funding | ||||||
9 | Minimum of an Organizational Unit or a Specially Funded | ||||||
10 | Unit shall be the amount of State funds distributed to the | ||||||
11 | Organizational Unit or Specially Funded Unit during the | ||||||
12 | 2016-2017 school year prior to any adjustments and | ||||||
13 | specified appropriation amounts described in this | ||||||
14 | paragraph (1) from the following Sections, as calculated | ||||||
15 | by the State Superintendent: Section 18-8.05 of this Code | ||||||
16 | (now repealed); Section 5 of Article 224 of Public Act | ||||||
17 | 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
18 | (funding for children requiring special education | ||||||
19 | services); Section 14-13.01 of this Code (special | ||||||
20 | education facilities and staffing), except for | ||||||
21 | reimbursement of the cost of transportation pursuant to | ||||||
22 | Section 14-13.01; Section 14C-12 of this Code (English | ||||||
23 | learners); and Section 18-4.3 of this Code (summer | ||||||
24 | school), based on an appropriation level of $13,121,600. | ||||||
25 | For a school district organized under Article 34 of this | ||||||
26 | Code, the Base Funding Minimum also includes (i) the funds |
| |||||||
| |||||||
1 | allocated to the school district pursuant to Section 1D-1 | ||||||
2 | of this Code attributable to funding programs authorized | ||||||
3 | by the Sections of this Code listed in the preceding | ||||||
4 | sentence and (ii) the difference between (I) the funds | ||||||
5 | allocated to the school district pursuant to Section 1D-1 | ||||||
6 | of this Code attributable to the funding programs | ||||||
7 | authorized by Section 14-7.02 (non-public special | ||||||
8 | education reimbursement), subsection (b) of Section | ||||||
9 | 14-13.01 (special education transportation), Section 29-5 | ||||||
10 | (transportation), Section 2-3.80 (agricultural | ||||||
11 | education), Section 2-3.66 (truants' alternative | ||||||
12 | education), Section 2-3.62 (educational service centers), | ||||||
13 | and Section 14-7.03 (special education - orphanage) of | ||||||
14 | this Code and Section 15 of the Childhood Hunger Relief | ||||||
15 | Act (free breakfast program) and (II) the school | ||||||
16 | district's actual expenditures for its non-public special | ||||||
17 | education, special education transportation, | ||||||
18 | transportation programs, agricultural education, truants' | ||||||
19 | alternative education, services that would otherwise be | ||||||
20 | performed by a regional office of education, special | ||||||
21 | education orphanage expenditures, and free breakfast, as | ||||||
22 | most recently calculated and reported pursuant to | ||||||
23 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
24 | Funding Minimum for Glenwood Academy shall be $625,500. | ||||||
25 | For programs operated by a regional office of education or | ||||||
26 | an intermediate service center, the Base Funding Minimum |
| |||||||
| |||||||
1 | must be the total amount of State funds allocated to those | ||||||
2 | programs in the 2018-2019 school year and amounts provided | ||||||
3 | pursuant to Article 34 of Public Act 100-586 and Section | ||||||
4 | 3-16 of this Code. All programs established after June 5, | ||||||
5 | 2019 (the effective date of Public Act 101-10) and | ||||||
6 | administered by a regional office of education or an | ||||||
7 | intermediate service center must have an initial Base | ||||||
8 | Funding Minimum set to an amount equal to the first-year | ||||||
9 | ASE multiplied by the amount of per pupil funding received | ||||||
10 | in the previous school year by the lowest funded similar | ||||||
11 | existing program type. If the enrollment for a program | ||||||
12 | operated by a regional office of education or an | ||||||
13 | intermediate service center is zero, then it may not | ||||||
14 | receive Base Funding Minimum funds for that program in the | ||||||
15 | next fiscal year, and those funds must be distributed to | ||||||
16 | Organizational Units under subsection (g). | ||||||
17 | (2) For the 2018-2019 and subsequent school years, the | ||||||
18 | Base Funding Minimum of Organizational Units and Specially | ||||||
19 | Funded Units shall be the sum of (i) the amount of | ||||||
20 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
21 | Base Funding Minimum for the prior school year, and (iii) | ||||||
22 | any amount received by a school district pursuant to | ||||||
23 | Section 7 of Article 97 of Public Act 100-21. | ||||||
24 | (3) Subject to approval by the General Assembly as | ||||||
25 | provided in this paragraph (3), an Organizational Unit | ||||||
26 | that meets all of the following criteria, as determined by |
| |||||||
| |||||||
1 | the State Board, shall have District Intervention Money | ||||||
2 | added to its Base Funding Minimum at the time the Base | ||||||
3 | Funding Minimum is calculated by the State Board: | ||||||
4 | (A) The Organizational Unit is operating under an | ||||||
5 | Independent Authority under Section 2-3.25f-5 of this | ||||||
6 | Code for a minimum of 4 school years or is subject to | ||||||
7 | the control of the State Board pursuant to a court | ||||||
8 | order for a minimum of 4 school years. | ||||||
9 | (B) The Organizational Unit was designated as a | ||||||
10 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
11 | school year under paragraph (3) of subsection (g) of | ||||||
12 | this Section. | ||||||
13 | (C) The Organizational Unit demonstrates | ||||||
14 | sustainability through a 5-year financial and | ||||||
15 | strategic plan. | ||||||
16 | (D) The Organizational Unit has made sufficient | ||||||
17 | progress and achieved sufficient stability in the | ||||||
18 | areas of governance, academic growth, and finances. | ||||||
19 | As part of its determination under this paragraph (3), | ||||||
20 | the State Board may consider the Organizational Unit's | ||||||
21 | summative designation, any accreditations of the | ||||||
22 | Organizational Unit, or the Organizational Unit's | ||||||
23 | financial profile, as calculated by the State Board. | ||||||
24 | If the State Board determines that an Organizational | ||||||
25 | Unit has met the criteria set forth in this paragraph (3), | ||||||
26 | it must submit a report to the General Assembly, no later |
| |||||||
| |||||||
1 | than January 2 of the fiscal year in which the State Board | ||||||
2 | makes it determination, on the amount of District | ||||||
3 | Intervention Money to add to the Organizational Unit's | ||||||
4 | Base Funding Minimum. The General Assembly must review the | ||||||
5 | State Board's report and may approve or disapprove, by | ||||||
6 | joint resolution, the addition of District Intervention | ||||||
7 | Money. If the General Assembly fails to act on the report | ||||||
8 | within 40 calendar days from the receipt of the report, | ||||||
9 | the addition of District Intervention Money is deemed | ||||||
10 | approved. If the General Assembly approves the amount of | ||||||
11 | District Intervention Money to be added to the | ||||||
12 | Organizational Unit's Base Funding Minimum, the District | ||||||
13 | Intervention Money must be added to the Base Funding | ||||||
14 | Minimum annually thereafter. | ||||||
15 | For the first 4 years following the initial year that | ||||||
16 | the State Board determines that an Organizational Unit has | ||||||
17 | met the criteria set forth in this paragraph (3) and has | ||||||
18 | received funding under this Section, the Organizational | ||||||
19 | Unit must annually submit to the State Board, on or before | ||||||
20 | November 30, a progress report regarding its financial and | ||||||
21 | strategic plan under subparagraph (C) of this paragraph | ||||||
22 | (3). The plan shall include the financial data from the | ||||||
23 | past 4 annual financial reports or financial audits that | ||||||
24 | must be presented to the State Board by November 15 of each | ||||||
25 | year and the approved budget financial data for the | ||||||
26 | current year. The plan shall be developed according to the |
| |||||||
| |||||||
1 | guidelines presented to the Organizational Unit by the | ||||||
2 | State Board. The plan shall further include financial | ||||||
3 | projections for the next 3 fiscal years and include a | ||||||
4 | discussion and financial summary of the Organizational | ||||||
5 | Unit's facility needs. If the Organizational Unit does not | ||||||
6 | demonstrate sufficient progress toward its 5-year plan or | ||||||
7 | if it has failed to file an annual financial report, an | ||||||
8 | annual budget, a financial plan, a deficit reduction plan, | ||||||
9 | or other financial information as required by law, the | ||||||
10 | State Board may establish a Financial Oversight Panel | ||||||
11 | under Article 1H of this Code. However, if the | ||||||
12 | Organizational Unit already has a Financial Oversight | ||||||
13 | Panel, the State Board may extend the duration of the | ||||||
14 | Panel. | ||||||
15 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
16 | (1) The Evidence-Based Funding formula establishes a | ||||||
17 | Percent of Adequacy for each Organizational Unit in order | ||||||
18 | to place such units into tiers for the purposes of the | ||||||
19 | funding distribution system described in subsection (g) of | ||||||
20 | this Section. Initially, an Organizational Unit's | ||||||
21 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
22 | are calculated pursuant to paragraph (2) of this | ||||||
23 | subsection (f). Then, an Organizational Unit's Final | ||||||
24 | Resources and Final Percent of Adequacy are calculated to | ||||||
25 | account for the Organizational Unit's poverty | ||||||
26 | concentration levels pursuant to paragraphs (3) and (4) of |
| |||||||
| |||||||
1 | this subsection (f). | ||||||
2 | (2) An Organizational Unit's Preliminary Resources are | ||||||
3 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
4 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
5 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
6 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
7 | (3) Except for Specially Funded Units, an | ||||||
8 | Organizational Unit's Final Resources are equal to the sum | ||||||
9 | of its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
10 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
11 | Unit shall serve as its Final Resources, except that the | ||||||
12 | Base Funding Minimum for State-approved charter schools | ||||||
13 | shall not include any portion of general State aid | ||||||
14 | allocated in the prior year based on the per capita | ||||||
15 | tuition charge times the charter school enrollment. | ||||||
16 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
17 | is its Final Resources divided by its Adequacy Target. An | ||||||
18 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
19 | equal to its Base Funding Minimum less its Supplemental | ||||||
20 | Grant Funding, with the resulting figure added to the | ||||||
21 | product of its Supplemental Grant Funding and Preliminary | ||||||
22 | Percent of Adequacy. | ||||||
23 | (g) Evidence-Based Funding formula distribution system. | ||||||
24 | (1) In each school year under the Evidence-Based | ||||||
25 | Funding formula, each Organizational Unit receives funding | ||||||
26 | equal to the sum of its Base Funding Minimum and the unit's |
| |||||||
| |||||||
1 | allocation of New State Funds determined pursuant to this | ||||||
2 | subsection (g). To allocate New State Funds, the | ||||||
3 | Evidence-Based Funding formula distribution system first | ||||||
4 | places all Organizational Units into one of 4 tiers in | ||||||
5 | accordance with paragraph (3) of this subsection (g), | ||||||
6 | based on the Organizational Unit's Final Percent of | ||||||
7 | Adequacy. New State Funds are allocated to each of the 4 | ||||||
8 | tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||||||
9 | all New State Funds, Tier 2 Aggregate Funding equals 49% | ||||||
10 | of all New State Funds, Tier 3 Aggregate Funding equals | ||||||
11 | 0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||||||
12 | equals 0.1% of all New State Funds. Each Organizational | ||||||
13 | Unit within Tier 1 or Tier 2 receives an allocation of New | ||||||
14 | State Funds equal to its tier Funding Gap, as defined in | ||||||
15 | the following sentence, multiplied by the tier's | ||||||
16 | Allocation Rate determined pursuant to paragraph (4) of | ||||||
17 | this subsection (g). For Tier 1, an Organizational Unit's | ||||||
18 | Funding Gap equals the tier's Target Ratio, as specified | ||||||
19 | in paragraph (5) of this subsection (g), multiplied by the | ||||||
20 | Organizational Unit's Adequacy Target, with the resulting | ||||||
21 | amount reduced by the Organizational Unit's Final | ||||||
22 | Resources. For Tier 2, an Organizational Unit's Funding | ||||||
23 | Gap equals the tier's Target Ratio, as described in | ||||||
24 | paragraph (5) of this subsection (g), multiplied by the | ||||||
25 | Organizational Unit's Adequacy Target, with the resulting | ||||||
26 | amount reduced by the Organizational Unit's Final |
| |||||||
| |||||||
1 | Resources and its Tier 1 funding allocation. To determine | ||||||
2 | the Organizational Unit's Funding Gap, the resulting | ||||||
3 | amount is then multiplied by a factor equal to one minus | ||||||
4 | the Organizational Unit's Local Capacity Target | ||||||
5 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
6 | 4 receives an allocation of New State Funds equal to the | ||||||
7 | product of its Adequacy Target and the tier's Allocation | ||||||
8 | Rate, as specified in paragraph (4) of this subsection | ||||||
9 | (g). | ||||||
10 | (2) To ensure equitable distribution of dollars for | ||||||
11 | all Tier 2 Organizational Units, no Tier 2 Organizational | ||||||
12 | Unit shall receive fewer dollars per ASE than any Tier 3 | ||||||
13 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
14 | Unit shall have its funding allocation divided by its ASE. | ||||||
15 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
16 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
17 | get a funding allocation equal to the greatest Tier 3 | ||||||
18 | funding allocation per ASE multiplied by the | ||||||
19 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
20 | Unit's Tier 2 funding allocation shall be multiplied by | ||||||
21 | the percentage calculated by dividing the original Tier 2 | ||||||
22 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
23 | Units' Tier 2 funding allocation after adjusting | ||||||
24 | districts' funding below Tier 3 levels. | ||||||
25 | (3) Organizational Units are placed into one of 4 | ||||||
26 | tiers as follows: |
| |||||||
| |||||||
1 | (A) Tier 1 consists of all Organizational Units, | ||||||
2 | except for Specially Funded Units, with a Percent of | ||||||
3 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
4 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
5 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
6 | Allocation Rate determined pursuant to paragraph (4) | ||||||
7 | of this subsection (g). | ||||||
8 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
9 | other Organizational Units, except for Specially | ||||||
10 | Funded Units, with a Percent of Adequacy of less than | ||||||
11 | 0.90. | ||||||
12 | (C) Tier 3 consists of all Organizational Units, | ||||||
13 | except for Specially Funded Units, with a Percent of | ||||||
14 | Adequacy of at least 0.90 and less than 1.0. | ||||||
15 | (D) Tier 4 consists of all Organizational Units | ||||||
16 | with a Percent of Adequacy of at least 1.0. | ||||||
17 | (4) The Allocation Rates for Tiers 1 through 4 are | ||||||
18 | determined as follows: | ||||||
19 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
20 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
21 | following equation: Tier 2 Aggregate Funding, divided | ||||||
22 | by the sum of the Funding Gaps for all Tier 2 | ||||||
23 | Organizational Units, unless the result of such | ||||||
24 | equation is higher than 1.0. If the result of such | ||||||
25 | equation is higher than 1.0, then the Tier 2 | ||||||
26 | Allocation Rate is 1.0. |
| |||||||
| |||||||
1 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
2 | following equation: Tier 3
Aggregate Funding, divided | ||||||
3 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
4 | Organizational
Units. | ||||||
5 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
6 | following equation: Tier 4
Aggregate Funding, divided | ||||||
7 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
8 | Organizational
Units. | ||||||
9 | (5) A tier's Target Ratio is determined as follows: | ||||||
10 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
11 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
12 | with the Tier 1 Allocation Rate. | ||||||
13 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
14 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
15 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
16 | greater than 90%, then than all Tier 1 funding shall be | ||||||
17 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
18 | funding may be identified. | ||||||
19 | (7) In the event that all Tier 2 Organizational Units | ||||||
20 | receive funding at the Tier 2 Target Ratio level, any | ||||||
21 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
22 | Tier 4 Organizational Units. | ||||||
23 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
24 | Academy, recognized by the State Board do not qualify for | ||||||
25 | direct funding following the implementation of Public Act | ||||||
26 | 100-465 from any of the funding sources included within |
| |||||||
| |||||||
1 | the definition of Base Funding Minimum, the unqualified | ||||||
2 | portion of the Base Funding Minimum shall be transferred | ||||||
3 | to one or more appropriate Organizational Units as | ||||||
4 | determined by the State Superintendent based on the prior | ||||||
5 | year ASE of the Organizational Units. | ||||||
6 | (8.5) If a school district withdraws from a special | ||||||
7 | education cooperative, the portion of the Base Funding | ||||||
8 | Minimum that is attributable to the school district may be | ||||||
9 | redistributed to the school district upon withdrawal. The | ||||||
10 | school district and the cooperative must include the | ||||||
11 | amount of the Base Funding Minimum that is to be | ||||||
12 | reapportioned in their withdrawal agreement and notify the | ||||||
13 | State Board of the change with a copy of the agreement upon | ||||||
14 | withdrawal. | ||||||
15 | (9) The Minimum Funding Level is intended to establish | ||||||
16 | a target for State funding that will keep pace with | ||||||
17 | inflation and continue to advance equity through the | ||||||
18 | Evidence-Based Funding formula. The target for State | ||||||
19 | funding of New Property Tax Relief Pool Funds is | ||||||
20 | $50,000,000 for State fiscal year 2019 and subsequent | ||||||
21 | State fiscal years. The Minimum Funding Level is equal to | ||||||
22 | $350,000,000. In addition to any New State Funds, no more | ||||||
23 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
24 | counted toward the Minimum Funding Level. If the sum of | ||||||
25 | New State Funds and applicable New Property Tax Relief | ||||||
26 | Pool Funds are less than the Minimum Funding Level, than |
| |||||||
| |||||||
1 | funding for tiers shall be reduced in the following | ||||||
2 | manner: | ||||||
3 | (A) First, Tier 4 funding shall be reduced by an | ||||||
4 | amount equal to the difference between the Minimum | ||||||
5 | Funding Level and New State Funds until such time as | ||||||
6 | Tier 4 funding is exhausted. | ||||||
7 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
8 | amount equal to the difference between the Minimum | ||||||
9 | Funding Level and New State Funds and the reduction in | ||||||
10 | Tier 4 funding until such time as Tier 3 funding is | ||||||
11 | exhausted. | ||||||
12 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
13 | amount equal to the difference between the Minimum | ||||||
14 | Funding Level and New State Funds and the reduction in | ||||||
15 | Tier 4 and Tier 3. | ||||||
16 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
17 | amount equal to the difference between the Minimum | ||||||
18 | Funding level and New State Funds and the reduction in | ||||||
19 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
20 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
21 | to the Tier 1 Allocation Rate set by paragraph (4) of | ||||||
22 | this subsection (g), multiplied by the result of New | ||||||
23 | State Funds divided by the Minimum Funding Level. | ||||||
24 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
25 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
26 | any amount in excess of $300,000,000 shall be dedicated |
| |||||||
| |||||||
1 | for purposes of Section 2-3.170 of this Code up to a | ||||||
2 | maximum of $50,000,000. | ||||||
3 | (10) In the event of a decrease in the amount of the | ||||||
4 | appropriation for this Section in any fiscal year after | ||||||
5 | implementation of this Section, the Organizational Units | ||||||
6 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
7 | paragraph (3) of this subsection (g), shall be held | ||||||
8 | harmless by establishing a Base Funding Guarantee equal to | ||||||
9 | the per pupil kindergarten through grade 12 funding | ||||||
10 | received in accordance with this Section in the prior | ||||||
11 | fiscal year. Reductions shall be
made to the Base Funding | ||||||
12 | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||||||
13 | per pupil basis equivalent to the total number of the ASE | ||||||
14 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
15 | divided by the total reduction in State funding. The Base
| ||||||
16 | Funding Minimum as reduced shall continue to be applied to | ||||||
17 | Tier 3 and Tier 4
Organizational Units and adjusted by the | ||||||
18 | relative formula when increases in
appropriations for this | ||||||
19 | Section resume. In no event may State funding reductions | ||||||
20 | to
Organizational Units in Tier 3 or Tier 4 exceed an | ||||||
21 | amount that would be less than the
Base Funding Minimum | ||||||
22 | established in the first year of implementation of this
| ||||||
23 | Section. If additional reductions are required, all school | ||||||
24 | districts shall receive a
reduction by a per pupil amount | ||||||
25 | equal to the aggregate additional appropriation
reduction | ||||||
26 | divided by the total ASE of all Organizational Units. |
| |||||||
| |||||||
1 | (11) The State Superintendent shall make minor | ||||||
2 | adjustments to the distribution formula set forth in this | ||||||
3 | subsection (g) to account for the rounding of percentages | ||||||
4 | to the nearest tenth of a percentage and dollar amounts to | ||||||
5 | the nearest whole dollar. | ||||||
6 | (h) State Superintendent administration of funding and | ||||||
7 | district submission requirements. | ||||||
8 | (1) The State Superintendent shall, in accordance with | ||||||
9 | appropriations made by the General Assembly, meet the | ||||||
10 | funding obligations created under this Section. | ||||||
11 | (2) The State Superintendent shall calculate the | ||||||
12 | Adequacy Target for each Organizational Unit and Net State | ||||||
13 | Contribution Target for each Organizational Unit under | ||||||
14 | this Section. No Evidence-Based Funding shall be | ||||||
15 | distributed within an Organizational Unit without the | ||||||
16 | approval of the unit's school board. | ||||||
17 | (3) Annually, the State Superintendent shall calculate | ||||||
18 | and report to each Organizational Unit the unit's | ||||||
19 | aggregate financial adequacy amount, which shall be the | ||||||
20 | sum of the Adequacy Target for each Organizational Unit. | ||||||
21 | The State Superintendent shall calculate and report | ||||||
22 | separately for each Organizational Unit the unit's total | ||||||
23 | State funds allocated for its students with disabilities. | ||||||
24 | The State Superintendent shall calculate and report | ||||||
25 | separately for each Organizational Unit the amount of | ||||||
26 | funding and applicable FTE calculated for each Essential |
| |||||||
| |||||||
1 | Element of the unit's Adequacy Target. | ||||||
2 | (4) Annually, the State Superintendent shall calculate | ||||||
3 | and report to each Organizational Unit the amount the unit | ||||||
4 | must expend on special education and bilingual education | ||||||
5 | and computer technology and equipment for Organizational | ||||||
6 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
7 | additional $285.50 per student computer technology and | ||||||
8 | equipment investment grant to their Adequacy Target | ||||||
9 | pursuant to the unit's Base Funding Minimum, Special | ||||||
10 | Education Allocation, Bilingual Education Allocation, and | ||||||
11 | computer technology and equipment investment allocation. | ||||||
12 | (5) Moneys distributed under this Section shall be | ||||||
13 | calculated on a school year basis, but paid on a fiscal | ||||||
14 | year basis, with payments beginning in August and | ||||||
15 | extending through June. Unless otherwise provided, the | ||||||
16 | moneys appropriated for each fiscal year shall be | ||||||
17 | distributed in 22 equal payments at least 2 times monthly | ||||||
18 | to each Organizational Unit. If moneys appropriated for | ||||||
19 | any fiscal year are distributed other than monthly, the | ||||||
20 | distribution shall be on the same basis for each | ||||||
21 | Organizational Unit. | ||||||
22 | (6) Any school district that fails, for any given | ||||||
23 | school year, to maintain school as required by law or to | ||||||
24 | maintain a recognized school is not eligible to receive | ||||||
25 | Evidence-Based Funding. In case of non-recognition of one | ||||||
26 | or more attendance centers in a school district otherwise |
| |||||||
| |||||||
1 | operating recognized schools, the claim of the district | ||||||
2 | shall be reduced in the proportion that the enrollment in | ||||||
3 | the attendance center or centers bears to the enrollment | ||||||
4 | of the school district. "Recognized school" means any | ||||||
5 | public school that meets the standards for recognition by | ||||||
6 | the State Board. A school district or attendance center | ||||||
7 | not having recognition status at the end of a school term | ||||||
8 | is entitled to receive State aid payments due upon a legal | ||||||
9 | claim that was filed while it was recognized. | ||||||
10 | (7) School district claims filed under this Section | ||||||
11 | are subject to Sections 18-9 and 18-12 of this Code, | ||||||
12 | except as otherwise provided in this Section. | ||||||
13 | (8) Each fiscal year, the State Superintendent shall | ||||||
14 | calculate for each Organizational Unit an amount of its | ||||||
15 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
16 | be deemed attributable to the provision of special | ||||||
17 | educational facilities and services, as defined in Section | ||||||
18 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
19 | with maintenance of State financial support requirements | ||||||
20 | under the federal Individuals with Disabilities Education | ||||||
21 | Act. An Organizational Unit must use such funds only for | ||||||
22 | the provision of special educational facilities and | ||||||
23 | services, as defined in Section 14-1.08 of this Code, and | ||||||
24 | must comply with any expenditure verification procedures | ||||||
25 | adopted by the State Board. | ||||||
26 | (9) All Organizational Units in this State must submit |
| |||||||
| |||||||
1 | annual spending plans by the end of September of each year | ||||||
2 | to the State Board as part of the annual budget process, | ||||||
3 | which shall describe how each Organizational Unit will | ||||||
4 | utilize the Base Funding Minimum and Evidence-Based | ||||||
5 | Funding it receives from this State under this Section | ||||||
6 | with specific identification of the intended utilization | ||||||
7 | of Low-Income, English learner, and special education | ||||||
8 | resources. Additionally, the annual spending plans of each | ||||||
9 | Organizational Unit shall describe how the Organizational | ||||||
10 | Unit expects to achieve student growth and how the | ||||||
11 | Organizational Unit will achieve State education goals, as | ||||||
12 | defined by the State Board. The State Superintendent may, | ||||||
13 | from time to time, identify additional requisites for | ||||||
14 | Organizational Units to satisfy when compiling the annual | ||||||
15 | spending plans required under this subsection (h). The | ||||||
16 | format and scope of annual spending plans shall be | ||||||
17 | developed by the State Superintendent and the State Board | ||||||
18 | of Education. School districts that serve students under | ||||||
19 | Article 14C of this Code shall continue to submit | ||||||
20 | information as required under Section 14C-12 of this Code. | ||||||
21 | (10) No later than January 1, 2018, the State | ||||||
22 | Superintendent shall develop a 5-year strategic plan for | ||||||
23 | all Organizational Units to help in planning for adequacy | ||||||
24 | funding under this Section. The State Superintendent shall | ||||||
25 | submit the plan to the Governor and the General Assembly, | ||||||
26 | as provided in Section 3.1 of the General Assembly |
| |||||||
| |||||||
1 | Organization Act. The plan shall include recommendations | ||||||
2 | for: | ||||||
3 | (A) a framework for collaborative, professional, | ||||||
4 | innovative, and 21st century learning environments | ||||||
5 | using the Evidence-Based Funding model; | ||||||
6 | (B) ways to prepare and support this State's | ||||||
7 | educators for successful instructional careers; | ||||||
8 | (C) application and enhancement of the current | ||||||
9 | financial accountability measures, the approved State | ||||||
10 | plan to comply with the federal Every Student Succeeds | ||||||
11 | Act, and the Illinois Balanced Accountability Measures | ||||||
12 | in relation to student growth and elements of the | ||||||
13 | Evidence-Based Funding model; and | ||||||
14 | (D) implementation of an effective school adequacy | ||||||
15 | funding system based on projected and recommended | ||||||
16 | funding levels from the General Assembly. | ||||||
17 | (11) On an annual basis, the State Superintendent
must | ||||||
18 | recalibrate all of the following per pupil elements of the | ||||||
19 | Adequacy Target and applied to the formulas, based on the | ||||||
20 | study of average expenses and as reported in the most | ||||||
21 | recent annual financial report: | ||||||
22 | (A) Gifted under subparagraph (M) of paragraph
(2) | ||||||
23 | of subsection (b). | ||||||
24 | (B) Instructional materials under subparagraph
(O) | ||||||
25 | of paragraph (2) of subsection (b). | ||||||
26 | (C) Assessment under subparagraph (P) of
paragraph |
| |||||||
| |||||||
1 | (2) of subsection (b). | ||||||
2 | (D) Student activities under subparagraph (R) of
| ||||||
3 | paragraph (2) of subsection (b). | ||||||
4 | (E) Maintenance and operations under subparagraph
| ||||||
5 | (S) of paragraph (2) of subsection (b). | ||||||
6 | (F) Central office under subparagraph (T) of
| ||||||
7 | paragraph (2) of subsection (b). | ||||||
8 | (i) Professional Review Panel. | ||||||
9 | (1) A Professional Review Panel is created to study | ||||||
10 | and review topics related to the implementation and effect | ||||||
11 | of Evidence-Based Funding, as assigned by a joint | ||||||
12 | resolution or Public Act of the General Assembly or a | ||||||
13 | motion passed by the State Board of Education. The Panel | ||||||
14 | must provide recommendations to and serve the Governor, | ||||||
15 | the General Assembly, and the State Board. The State | ||||||
16 | Superintendent or his or her designee must serve as a | ||||||
17 | voting member and chairperson of the Panel. The State | ||||||
18 | Superintendent must appoint a vice chairperson from the | ||||||
19 | membership of the Panel. The Panel must advance | ||||||
20 | recommendations based on a three-fifths majority vote of | ||||||
21 | Panel members present and voting. A minority opinion may | ||||||
22 | also accompany any recommendation of the Panel. The Panel | ||||||
23 | shall be appointed by the State Superintendent, except as | ||||||
24 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
25 | and include the following members: | ||||||
26 | (A) Two appointees that represent district |
| |||||||
| |||||||
1 | superintendents, recommended by a statewide | ||||||
2 | organization that represents district superintendents. | ||||||
3 | (B) Two appointees that represent school boards, | ||||||
4 | recommended by a statewide organization that | ||||||
5 | represents school boards. | ||||||
6 | (C) Two appointees from districts that represent | ||||||
7 | school business officials, recommended by a statewide | ||||||
8 | organization that represents school business | ||||||
9 | officials. | ||||||
10 | (D) Two appointees that represent school | ||||||
11 | principals, recommended by a statewide organization | ||||||
12 | that represents school principals. | ||||||
13 | (E) Two appointees that represent teachers, | ||||||
14 | recommended by a statewide organization that | ||||||
15 | represents teachers. | ||||||
16 | (F) Two appointees that represent teachers, | ||||||
17 | recommended by another statewide organization that | ||||||
18 | represents teachers. | ||||||
19 | (G) Two appointees that represent regional | ||||||
20 | superintendents of schools, recommended by | ||||||
21 | organizations that represent regional superintendents. | ||||||
22 | (H) Two independent experts selected solely by the | ||||||
23 | State Superintendent. | ||||||
24 | (I) Two independent experts recommended by public | ||||||
25 | universities in this State. | ||||||
26 | (J) One member recommended by a statewide |
| |||||||
| |||||||
1 | organization that represents parents. | ||||||
2 | (K) Two representatives recommended by collective | ||||||
3 | impact organizations that represent major metropolitan | ||||||
4 | areas or geographic areas in Illinois. | ||||||
5 | (L) One member from a statewide organization | ||||||
6 | focused on research-based education policy to support | ||||||
7 | a school system that prepares all students for | ||||||
8 | college, a career, and democratic citizenship. | ||||||
9 | (M) One representative from a school district | ||||||
10 | organized under Article 34 of this Code. | ||||||
11 | The State Superintendent shall ensure that the | ||||||
12 | membership of the Panel includes representatives from | ||||||
13 | school districts and communities reflecting the | ||||||
14 | geographic, socio-economic, racial, and ethnic diversity | ||||||
15 | of this State. The State Superintendent shall additionally | ||||||
16 | ensure that the membership of the Panel includes | ||||||
17 | representatives with expertise in bilingual education and | ||||||
18 | special education. Staff from the State Board shall staff | ||||||
19 | the Panel. | ||||||
20 | (2) In addition to those Panel members appointed by | ||||||
21 | the State Superintendent, 4 members of the General | ||||||
22 | Assembly shall be appointed as follows: one member of the | ||||||
23 | House of Representatives appointed by the Speaker of the | ||||||
24 | House of Representatives, one member of the Senate | ||||||
25 | appointed by the President of the Senate, one member of | ||||||
26 | the House of Representatives appointed by the Minority |
| |||||||
| |||||||
1 | Leader of the House of Representatives, and one member of | ||||||
2 | the Senate appointed by the Minority Leader of the Senate. | ||||||
3 | There shall be one additional member appointed by the | ||||||
4 | Governor. All members appointed by legislative leaders or | ||||||
5 | the Governor shall be non-voting, ex officio members. | ||||||
6 | (3) The Panel must study topics at the direction of | ||||||
7 | the General Assembly or State Board of Education, as | ||||||
8 | provided under paragraph (1). The Panel may also study the | ||||||
9 | following topics at the direction of the chairperson: | ||||||
10 | (A) The format and scope of annual spending plans | ||||||
11 | referenced in paragraph (9) of subsection (h) of this | ||||||
12 | Section. | ||||||
13 | (B) The Comparable Wage Index under this Section. | ||||||
14 | (C) Maintenance and operations, including capital | ||||||
15 | maintenance and construction costs. | ||||||
16 | (D) "At-risk student" definition. | ||||||
17 | (E) Benefits. | ||||||
18 | (F) Technology. | ||||||
19 | (G) Local Capacity Target. | ||||||
20 | (H) Funding for Alternative Schools, Laboratory | ||||||
21 | Schools, safe schools, and alternative learning | ||||||
22 | opportunities programs. | ||||||
23 | (I) Funding for college and career acceleration | ||||||
24 | strategies. | ||||||
25 | (J) Special education investments. | ||||||
26 | (K) Early childhood investments, in collaboration |
| |||||||
| |||||||
1 | with the Illinois Early Learning Council. | ||||||
2 | (4) (Blank). | ||||||
3 | (5) Within 5 years after the implementation of this | ||||||
4 | Section, and every 5 years thereafter, the Panel shall | ||||||
5 | complete an evaluative study of the entire Evidence-Based | ||||||
6 | Funding model, including an assessment of whether or not | ||||||
7 | the formula is achieving State goals. The Panel shall | ||||||
8 | report to the State Board, the General Assembly, and the | ||||||
9 | Governor on the findings of the study. | ||||||
10 | (6) (Blank). | ||||||
11 | (j) References. Beginning July 1, 2017, references in | ||||||
12 | other laws to general State aid funds or calculations under | ||||||
13 | Section 18-8.05 of this Code (now repealed) shall be deemed to | ||||||
14 | be references to evidence-based model formula funds or | ||||||
15 | calculations under this Section.
| ||||||
16 | (Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18; | ||||||
17 | 100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff. | ||||||
18 | 6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.) | ||||||
19 | (105 ILCS 5/22-88) | ||||||
20 | Sec. 22-88 22-85 . Parental notification of law enforcement | ||||||
21 | detainment and questioning on school grounds. | ||||||
22 | (a) In this Section, "school grounds" means the real | ||||||
23 | property comprising an active and operational elementary or | ||||||
24 | secondary school during the regular hours in which school is | ||||||
25 | in session and when students are present. |
| |||||||
| |||||||
1 | (b) Before detaining and questioning a student on school | ||||||
2 | grounds who is under 18 years of age and who is suspected of | ||||||
3 | committing a criminal act, a law enforcement officer, a school | ||||||
4 | resource officer, or other school security personnel must do | ||||||
5 | all of the following: | ||||||
6 | (1) Ensure that notification or attempted notification | ||||||
7 | of the student's parent or guardian is made. | ||||||
8 | (2) Document the time and manner in which the | ||||||
9 | notification or attempted notification under paragraph (1) | ||||||
10 | occurred. | ||||||
11 | (3) Make reasonable efforts to ensure that the | ||||||
12 | student's parent or guardian is present during the | ||||||
13 | questioning or, if the parent or guardian is not present, | ||||||
14 | ensure that school personnel, including, but not limited | ||||||
15 | to, a school social worker, a school psychologist, a | ||||||
16 | school nurse, a school guidance counselor, or any other | ||||||
17 | mental health professional, are present during the | ||||||
18 | questioning. | ||||||
19 | (4) If practicable, make reasonable efforts to ensure | ||||||
20 | that a law enforcement officer trained in promoting safe | ||||||
21 | interactions and communications with youth is present | ||||||
22 | during the questioning. An officer who received training | ||||||
23 | in youth investigations approved or certified by his or | ||||||
24 | her law enforcement agency or under Section 10.22 of the | ||||||
25 | Police Training Act or a juvenile police officer, as | ||||||
26 | defined under Section 1-3 of the Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987, satisfies the requirement under this paragraph. | ||||||
2 | (c) This Section does not limit the authority of a law | ||||||
3 | enforcement officer to make an arrest on school grounds. This | ||||||
4 | Section does not apply to circumstances that would cause a | ||||||
5 | reasonable person to believe that urgent and immediate action | ||||||
6 | is necessary to do any of the following: | ||||||
7 | (1) Prevent bodily harm or injury to the student or | ||||||
8 | any other person. | ||||||
9 | (2) Apprehend an armed or fleeing suspect. | ||||||
10 | (3) Prevent the destruction of evidence. | ||||||
11 | (4) Address an emergency or other dangerous situation.
| ||||||
12 | (Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.) | ||||||
13 | (105 ILCS 5/27-23.7) | ||||||
14 | Sec. 27-23.7. Bullying prevention. | ||||||
15 | (a) The General Assembly finds that a safe and civil | ||||||
16 | school environment is necessary for students to learn and | ||||||
17 | achieve and that bullying causes physical, psychological, and | ||||||
18 | emotional harm to students and interferes with students' | ||||||
19 | ability to learn and participate in school activities. The | ||||||
20 | General Assembly further finds that bullying has been linked | ||||||
21 | to other forms of antisocial behavior, such as vandalism, | ||||||
22 | shoplifting, skipping and dropping out of school, fighting, | ||||||
23 | using drugs and alcohol, sexual harassment, and sexual | ||||||
24 | violence. Because of the negative outcomes associated with | ||||||
25 | bullying in schools, the General Assembly finds that school |
| |||||||
| |||||||
1 | districts, charter schools, and non-public, non-sectarian | ||||||
2 | elementary and secondary schools should educate students, | ||||||
3 | parents, and school district, charter school, or non-public, | ||||||
4 | non-sectarian elementary or secondary school personnel about | ||||||
5 | what behaviors constitute prohibited bullying. | ||||||
6 | Bullying on the basis of actual or perceived race, color, | ||||||
7 | religion, sex, national origin, ancestry, age, marital status, | ||||||
8 | physical or mental disability, military status, sexual | ||||||
9 | orientation, gender-related identity or expression, | ||||||
10 | unfavorable discharge from military service, association with | ||||||
11 | a person or group with one or more of the aforementioned actual | ||||||
12 | or perceived characteristics, or any other distinguishing | ||||||
13 | characteristic is prohibited in all school districts, charter | ||||||
14 | schools, and non-public, non-sectarian elementary and | ||||||
15 | secondary schools.
No student shall be subjected to bullying: | ||||||
16 | (1) during any school-sponsored education program or | ||||||
17 | activity; | ||||||
18 | (2) while in school, on school property, on school | ||||||
19 | buses or other school vehicles, at designated school bus | ||||||
20 | stops waiting for the school bus, or at school-sponsored | ||||||
21 | or school-sanctioned events or activities; | ||||||
22 | (3) through the transmission of information from a | ||||||
23 | school computer, a school computer network, or other | ||||||
24 | similar electronic school equipment; or | ||||||
25 | (4) through the transmission of information from a | ||||||
26 | computer that is accessed at a nonschool-related location, |
| |||||||
| |||||||
1 | activity, function, or program or from the use of | ||||||
2 | technology or an electronic device that is not owned, | ||||||
3 | leased, or used by a school district or school if the | ||||||
4 | bullying causes a substantial disruption to the | ||||||
5 | educational process or orderly operation of a school. This | ||||||
6 | item (4) applies only in cases in which a school | ||||||
7 | administrator or teacher receives a report that bullying | ||||||
8 | through this means has occurred and does not require a | ||||||
9 | district or school to staff or monitor any | ||||||
10 | nonschool-related activity, function, or program. | ||||||
11 | (a-5) Nothing in this Section is intended to infringe upon | ||||||
12 | any right to exercise free expression or the free exercise of | ||||||
13 | religion or religiously based views protected under the First | ||||||
14 | Amendment to the United States Constitution or under Section 3 | ||||||
15 | of Article I of the Illinois Constitution. | ||||||
16 | (b) In this Section:
| ||||||
17 | "Bullying" includes "cyber-bullying" and means any severe | ||||||
18 | or pervasive physical or verbal act or conduct, including | ||||||
19 | communications made in writing or electronically, directed | ||||||
20 | toward a student or students that has or can be reasonably | ||||||
21 | predicted to have the effect of one or more of the following: | ||||||
22 | (1) placing the student or students in reasonable fear | ||||||
23 | of harm to the student's or students' person or property; | ||||||
24 | (2) causing a substantially detrimental effect on the | ||||||
25 | student's or students' physical or mental health; | ||||||
26 | (3) substantially interfering with the student's or |
| |||||||
| |||||||
1 | students' academic performance; or | ||||||
2 | (4) substantially interfering with the student's or | ||||||
3 | students' ability to participate in or benefit from the | ||||||
4 | services, activities, or privileges provided by a school. | ||||||
5 | Bullying, as defined in this subsection (b), may take | ||||||
6 | various forms, including without limitation one or more of the | ||||||
7 | following: harassment, threats, intimidation, stalking, | ||||||
8 | physical violence, sexual harassment, sexual violence, theft, | ||||||
9 | public humiliation, destruction of property, or retaliation | ||||||
10 | for asserting or alleging an act of bullying. This list is | ||||||
11 | meant to be illustrative and non-exhaustive. | ||||||
12 | "Cyber-bullying" means bullying through the use of | ||||||
13 | technology or any electronic communication, including without | ||||||
14 | limitation any transfer of signs, signals, writing, images, | ||||||
15 | sounds, data, or intelligence of any nature transmitted in | ||||||
16 | whole or in part by a wire, radio, electromagnetic system, | ||||||
17 | photoelectronic system, or photooptical system, including | ||||||
18 | without limitation electronic mail, Internet communications, | ||||||
19 | instant messages, or facsimile communications. | ||||||
20 | "Cyber-bullying" includes the creation of a webpage or weblog | ||||||
21 | in which the creator assumes the identity of another person or | ||||||
22 | the knowing impersonation of another person as the author of | ||||||
23 | posted content or messages if the creation or impersonation | ||||||
24 | creates any of the effects enumerated in the definition of | ||||||
25 | bullying in this Section. "Cyber-bullying" also includes the | ||||||
26 | distribution by electronic means of a communication to more |
| |||||||
| |||||||
1 | than one person or the posting of material on an electronic | ||||||
2 | medium that may be accessed by one or more persons if the | ||||||
3 | distribution or posting creates any of the effects enumerated | ||||||
4 | in the definition of bullying in this Section. | ||||||
5 | "Policy on bullying" means a bullying prevention policy | ||||||
6 | that meets the following criteria: | ||||||
7 | (1) Includes the bullying definition provided in this | ||||||
8 | Section. | ||||||
9 | (2) Includes a statement that bullying is contrary to | ||||||
10 | State law and the policy of the school district, charter | ||||||
11 | school, or non-public, non-sectarian elementary or | ||||||
12 | secondary school and is consistent with subsection (a-5) | ||||||
13 | of this Section. | ||||||
14 | (3) Includes procedures for promptly reporting | ||||||
15 | bullying, including, but not limited to, identifying and | ||||||
16 | providing the school e-mail address (if applicable) and | ||||||
17 | school telephone number for the staff person or persons | ||||||
18 | responsible for receiving such reports and a procedure for | ||||||
19 | anonymous reporting; however, this shall not be construed | ||||||
20 | to permit formal disciplinary action solely on the basis | ||||||
21 | of an anonymous report. | ||||||
22 | (4) Consistent with federal and State laws and rules | ||||||
23 | governing student privacy rights, includes procedures for | ||||||
24 | promptly informing parents or guardians of all students | ||||||
25 | involved in the alleged incident of bullying and | ||||||
26 | discussing, as appropriate, the availability of social |
| |||||||
| |||||||
1 | work services, counseling, school psychological services, | ||||||
2 | other interventions, and restorative measures. | ||||||
3 | (5) Contains procedures for promptly investigating and | ||||||
4 | addressing reports of bullying, including the following: | ||||||
5 | (A) Making all reasonable efforts to complete the | ||||||
6 | investigation within 10 school days after the date the | ||||||
7 | report of the incident of bullying was received and | ||||||
8 | taking into consideration additional relevant | ||||||
9 | information received during the course of the | ||||||
10 | investigation about the reported incident of bullying. | ||||||
11 | (B) Involving appropriate school support personnel | ||||||
12 | and other staff persons with knowledge, experience, | ||||||
13 | and training on bullying prevention, as deemed | ||||||
14 | appropriate, in the investigation process. | ||||||
15 | (C) Notifying the principal or school | ||||||
16 | administrator or his or her designee of the report of | ||||||
17 | the incident of bullying as soon as possible after the | ||||||
18 | report is received. | ||||||
19 | (D) Consistent with federal and State laws and | ||||||
20 | rules governing student privacy rights, providing | ||||||
21 | parents and guardians of the students who are parties | ||||||
22 | to the investigation information about the | ||||||
23 | investigation and an opportunity to meet with the | ||||||
24 | principal or school administrator or his or her | ||||||
25 | designee to discuss the investigation, the findings of | ||||||
26 | the investigation, and the actions taken to address |
| |||||||
| |||||||
1 | the reported incident of bullying. | ||||||
2 | (6) Includes the interventions that can be taken to | ||||||
3 | address bullying, which may include, but are not limited | ||||||
4 | to, school social work services, restorative measures, | ||||||
5 | social-emotional skill building, counseling, school | ||||||
6 | psychological services, and community-based services. | ||||||
7 | (7) Includes a statement prohibiting reprisal or | ||||||
8 | retaliation against any person who reports an act of | ||||||
9 | bullying and the consequences and appropriate remedial | ||||||
10 | actions for a person who engages in reprisal or | ||||||
11 | retaliation. | ||||||
12 | (8) Includes consequences and appropriate remedial | ||||||
13 | actions for a person found to have falsely accused another | ||||||
14 | of bullying as a means of retaliation or as a means of | ||||||
15 | bullying. | ||||||
16 | (9) Is based on the engagement of a range of school | ||||||
17 | stakeholders, including students and parents or guardians. | ||||||
18 | (10) Is posted on the school district's, charter
| ||||||
19 | school's, or non-public, non-sectarian elementary or
| ||||||
20 | secondary school's existing Internet website, is
included | ||||||
21 | in the student handbook, and, where applicable,
posted | ||||||
22 | where other policies, rules, and standards of
conduct are | ||||||
23 | currently posted in the school and provided periodically | ||||||
24 | throughout the school year to students and faculty, and is
| ||||||
25 | distributed annually to parents, guardians, students, and
| ||||||
26 | school personnel, including new employees when hired. |
| |||||||
| |||||||
1 | (11) As part of the process of reviewing and | ||||||
2 | re-evaluating the policy under subsection (d) of this | ||||||
3 | Section, contains a policy evaluation process to assess | ||||||
4 | the outcomes and effectiveness of the policy that | ||||||
5 | includes, but is not limited to, factors such as the | ||||||
6 | frequency of victimization; student, staff, and family | ||||||
7 | observations of safety at a school; identification of | ||||||
8 | areas of a school where bullying occurs; the types of | ||||||
9 | bullying utilized; and bystander intervention or | ||||||
10 | participation. The school district, charter school, or | ||||||
11 | non-public, non-sectarian elementary or secondary school | ||||||
12 | may use relevant data and information it already collects | ||||||
13 | for other purposes in the policy evaluation. The | ||||||
14 | information developed as a result of the policy evaluation | ||||||
15 | must be made available on the Internet website of the | ||||||
16 | school district, charter school, or non-public, | ||||||
17 | non-sectarian elementary or secondary school. If an | ||||||
18 | Internet website is not available, the information must be | ||||||
19 | provided to school administrators, school board members, | ||||||
20 | school personnel, parents, guardians, and students. | ||||||
21 | (12) Is consistent with the policies of the school | ||||||
22 | board, charter school, or non-public, non-sectarian | ||||||
23 | elementary or secondary school. | ||||||
24 | "Restorative measures" means a continuum of school-based | ||||||
25 | alternatives to exclusionary discipline, such as suspensions | ||||||
26 | and expulsions, that: (i) are adapted to the particular needs |
| |||||||
| |||||||
1 | of the school and community, (ii) contribute to maintaining | ||||||
2 | school safety, (iii) protect the integrity of a positive and | ||||||
3 | productive learning climate, (iv) teach students the personal | ||||||
4 | and interpersonal skills they will need to be successful in | ||||||
5 | school and society, (v) serve to build and restore | ||||||
6 | relationships among students, families, schools, and | ||||||
7 | communities, and (vi) reduce the likelihood of future | ||||||
8 | disruption by balancing accountability with an understanding | ||||||
9 | of students' behavioral health needs in order to keep students | ||||||
10 | in school. | ||||||
11 | "School personnel" means persons employed by, on contract | ||||||
12 | with, or who volunteer in a school district, charter school, | ||||||
13 | or non-public, non-sectarian elementary or secondary school, | ||||||
14 | including without limitation school and school district | ||||||
15 | administrators, teachers, school guidance counselors, school | ||||||
16 | social workers, school counselors, school psychologists, | ||||||
17 | school nurses, cafeteria workers, custodians, bus drivers, | ||||||
18 | school resource officers, and security guards. | ||||||
19 | (c) (Blank).
| ||||||
20 | (d) Each school district, charter school, and non-public, | ||||||
21 | non-sectarian elementary or secondary school shall create, | ||||||
22 | maintain, and implement a policy on bullying, which policy | ||||||
23 | must be filed with the State Board of Education. The policy or | ||||||
24 | implementing procedure shall include a process to investigate | ||||||
25 | whether a reported act of bullying is within the permissible | ||||||
26 | scope of the district's or school's jurisdiction and shall |
| |||||||
| |||||||
1 | require that the district or school provide the victim with | ||||||
2 | information regarding services that are available within the | ||||||
3 | district and community, such as counseling, support services, | ||||||
4 | and other programs. School personnel available for help with a | ||||||
5 | bully or to make a report about bullying shall be made known to | ||||||
6 | parents or legal guardians, students, and school personnel. | ||||||
7 | Every 2 years, each school district, charter school, and | ||||||
8 | non-public, non-sectarian elementary or secondary school shall | ||||||
9 | conduct a review and re-evaluation of its policy and make any | ||||||
10 | necessary and appropriate revisions. The policy must be filed | ||||||
11 | with the State Board of Education after being updated. The | ||||||
12 | State Board of Education shall monitor and provide technical | ||||||
13 | support for the implementation of policies created under this | ||||||
14 | subsection (d). | ||||||
15 | (e) This Section shall not be interpreted to prevent a | ||||||
16 | victim from seeking redress under any other available civil or | ||||||
17 | criminal law.
| ||||||
18 | (Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
| ||||||
19 | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| ||||||
20 | Sec. 34-18.8. AIDS training. School guidance counselors, | ||||||
21 | nurses,
teachers and other school personnel who work with | ||||||
22 | pupils
may be trained to have a basic knowledge of matters | ||||||
23 | relating
to acquired immunodeficiency syndrome (AIDS), | ||||||
24 | including the nature of the
disease, its causes and effects, | ||||||
25 | the means of detecting it and preventing
its transmission, the |
| |||||||
| |||||||
1 | availability of appropriate sources of counseling and
| ||||||
2 | referral, and any other information that may be appropriate | ||||||
3 | considering the
age and grade level of such pupils. The Board | ||||||
4 | of Education shall supervise
such training. The State Board of | ||||||
5 | Education and the Department of Public
Health shall jointly | ||||||
6 | develop standards for such training.
| ||||||
7 | (Source: P.A. 86-900.)
| ||||||
8 | Section 10. The Seizure Smart School Act is amended by | ||||||
9 | changing Section 10 as follows: | ||||||
10 | (105 ILCS 150/10)
| ||||||
11 | Sec. 10. Definitions. In this Act: | ||||||
12 | "Delegated care aide" means a school employee or | ||||||
13 | paraprofessional who has agreed to receive training in | ||||||
14 | epilepsy and assist a student in implementing his or her | ||||||
15 | seizure action plan and who has entered into an agreement with | ||||||
16 | a parent or guardian of that student. | ||||||
17 | "School" means any primary or secondary public, charter, | ||||||
18 | or nonpublic school located in this State. | ||||||
19 | "School employee" means a person who is employed by a | ||||||
20 | school district or school as a nurse, principal, | ||||||
21 | administrator, school guidance counselor, or teacher, a person | ||||||
22 | who is employed by a local health department and assigned to a | ||||||
23 | school, or a person who contracts with a school or school | ||||||
24 | district to perform services in connection with a student's |
| |||||||
| |||||||
1 | seizure action plan. This definition may not be interpreted to | ||||||
2 | require a school district, charter school, or nonpublic school | ||||||
3 | to hire additional personnel for the sole purpose of the | ||||||
4 | personnel to serve as a delegated care aide. | ||||||
5 | "Seizure action plan" means a document that specifies the | ||||||
6 | services needed by a student with epilepsy at school and at | ||||||
7 | school-sponsored activities and delegates to a delegated care | ||||||
8 | aide the authority to provide and supervise these services.
| ||||||
9 | (Source: P.A. 101-50, eff. 7-1-20 .) | ||||||
10 | Section 15. The College and Career Success for All | ||||||
11 | Students Act is amended by changing Section 20 as follows: | ||||||
12 | (105 ILCS 302/20)
| ||||||
13 | Sec. 20. Duties of the State Board. | ||||||
14 | (a) In order to fulfill the purposes of this Act, the State | ||||||
15 | Board of Education shall encourage school districts to offer | ||||||
16 | rigorous courses in grades 6 through 11 that prepare students | ||||||
17 | for the demands of Advanced Placement course work. The State | ||||||
18 | Board of Education shall also encourage school districts to | ||||||
19 | make it a goal that all 10th graders take the Preliminary | ||||||
20 | SAT/National Merit Scholars Qualifying Test (PSAT/NMSQT) so | ||||||
21 | that test results will provide each high school with a | ||||||
22 | database of student assessment data that school guidance | ||||||
23 | counselors and teachers will be able to use to identify | ||||||
24 | students who are prepared or who need additional work to be |
| |||||||
| |||||||
1 | prepared to enroll and be successful in Advanced Placement | ||||||
2 | courses, using a research-based Advanced Placement | ||||||
3 | identification program provided by the College Board. | ||||||
4 | (b) The State Board of Education shall do all of the | ||||||
5 | following: | ||||||
6 | (1) Seek federal funding through the Advanced | ||||||
7 | Placement Incentive Program and the Math-Science | ||||||
8 | Partnership Program and use it to support Advanced | ||||||
9 | Placement and Pre-Advanced Placement teacher professional | ||||||
10 | development and to support the implementation of an | ||||||
11 | integrated instructional program for students in grades 6 | ||||||
12 | through 12 in reading, writing, and mathematics that | ||||||
13 | prepares all students for enrollment and success in | ||||||
14 | Advanced Placement courses and in college. | ||||||
15 | (2) Focus State and federal funding with the intent to | ||||||
16 | carry out activities that target school districts serving | ||||||
17 | high concentrations of low-income students. | ||||||
18 | (3) Subject to appropriation, provide a plan of | ||||||
19 | communication that includes without limitation | ||||||
20 | disseminating to parents materials that emphasize the | ||||||
21 | importance of Advanced Placement or other advanced courses | ||||||
22 | to a student's ability to gain access to and to succeed in | ||||||
23 | postsecondary education and materials that emphasize the | ||||||
24 | importance of the PSAT/NMSQT, which provides diagnostic | ||||||
25 | feedback on skills and relates student scores to the | ||||||
26 | probability of success in Advanced Placement courses and |
| |||||||
| |||||||
1 | examinations, and disseminating this information to | ||||||
2 | students, teachers, counselors, administrators, school | ||||||
3 | districts, public community colleges, and State | ||||||
4 | universities. | ||||||
5 | (4) Subject to appropriation, annually evaluate the | ||||||
6 | impact of this Act on rates of student enrollment and | ||||||
7 | success in Advanced Placement courses, on high school | ||||||
8 | graduation rates, and on college enrollment rates.
| ||||||
9 | (Source: P.A. 94-534, eff. 1-1-06.) | ||||||
10 | Section 20. The Juvenile Court Act of 1987 is amended by | ||||||
11 | changing Sections 1-8 and 5-901 as follows:
| ||||||
12 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
13 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
14 | court records.
| ||||||
15 | (A) A juvenile adjudication shall never be considered a | ||||||
16 | conviction nor shall an adjudicated individual be considered a | ||||||
17 | criminal. Unless expressly allowed by law, a juvenile | ||||||
18 | adjudication shall not operate to impose upon the individual | ||||||
19 | any of the civil disabilities ordinarily imposed by or | ||||||
20 | resulting from conviction. Unless expressly allowed by law, | ||||||
21 | adjudications shall not prejudice or disqualify the individual | ||||||
22 | in any civil service application or appointment, from holding | ||||||
23 | public office, or from receiving any license granted by public | ||||||
24 | authority. All juvenile court records which have not been |
| |||||||
| |||||||
1 | expunged are sealed and may never be disclosed to the general | ||||||
2 | public or otherwise made widely available. Sealed juvenile | ||||||
3 | court records may be obtained only under this Section and | ||||||
4 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
5 | is needed for good cause and with an order from the juvenile | ||||||
6 | court. Inspection and copying of juvenile court records | ||||||
7 | relating to a minor
who is the subject of a proceeding under | ||||||
8 | this Act shall be restricted to the
following:
| ||||||
9 | (1) The minor who is the subject of record, his or her | ||||||
10 | parents, guardian,
and counsel.
| ||||||
11 | (2) Law enforcement officers and law enforcement | ||||||
12 | agencies when such
information is essential to executing | ||||||
13 | an arrest or search warrant or other
compulsory process, | ||||||
14 | or to conducting an ongoing investigation
or relating to a | ||||||
15 | minor who
has been adjudicated delinquent and there has | ||||||
16 | been a previous finding that
the act which constitutes the | ||||||
17 | previous offense was committed in furtherance
of criminal | ||||||
18 | activities by a criminal street gang.
| ||||||
19 | Before July 1, 1994, for the purposes of this Section, | ||||||
20 | "criminal street
gang" means any ongoing
organization, | ||||||
21 | association, or group of 3 or more persons, whether formal | ||||||
22 | or
informal, having as one of its primary activities the | ||||||
23 | commission of one or
more criminal acts and that has a | ||||||
24 | common name or common identifying sign,
symbol or specific | ||||||
25 | color apparel displayed, and whose members individually
or | ||||||
26 | collectively engage in or have engaged in a pattern of |
| |||||||
| |||||||
1 | criminal activity.
| ||||||
2 | Beginning July 1, 1994, for purposes of this Section, | ||||||
3 | "criminal street
gang" has the meaning ascribed to it in | ||||||
4 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
5 | Prevention Act.
| ||||||
6 | (3) Judges, hearing officers, prosecutors, public | ||||||
7 | defenders, probation officers, social
workers, or other
| ||||||
8 | individuals assigned by the court to conduct a | ||||||
9 | pre-adjudication or pre-disposition
investigation, and | ||||||
10 | individuals responsible for supervising
or providing | ||||||
11 | temporary or permanent care and custody for minors under | ||||||
12 | the order of the juvenile court when essential to | ||||||
13 | performing their
responsibilities.
| ||||||
14 | (4) Judges, federal, State, and local prosecutors, | ||||||
15 | public defenders, probation officers, and designated | ||||||
16 | staff:
| ||||||
17 | (a) in the course of a trial when institution of | ||||||
18 | criminal proceedings
has been permitted or required | ||||||
19 | under Section 5-805;
| ||||||
20 | (b) when criminal proceedings have been permitted
| ||||||
21 | or
required under Section 5-805 and a minor is the | ||||||
22 | subject of a
proceeding to
determine the amount of | ||||||
23 | bail;
| ||||||
24 | (c) when criminal proceedings have been permitted
| ||||||
25 | or
required under Section 5-805 and a minor is the | ||||||
26 | subject of a
pre-trial
investigation, pre-sentence |
| |||||||
| |||||||
1 | investigation or fitness hearing, or
proceedings on an | ||||||
2 | application for probation; or
| ||||||
3 | (d) when a minor becomes 18 years of age or older, | ||||||
4 | and is the subject
of criminal proceedings, including | ||||||
5 | a hearing to determine the amount of
bail, a pre-trial | ||||||
6 | investigation, a pre-sentence investigation, a fitness
| ||||||
7 | hearing, or proceedings on an application for | ||||||
8 | probation.
| ||||||
9 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
10 | (6) Authorized military personnel.
| ||||||
11 | (6.5) Employees of the federal government authorized | ||||||
12 | by law. | ||||||
13 | (7) Victims, their subrogees and legal | ||||||
14 | representatives; however, such
persons shall have access | ||||||
15 | only to the name and address of the minor and
information | ||||||
16 | pertaining to the disposition or alternative adjustment | ||||||
17 | plan
of the juvenile court.
| ||||||
18 | (8) Persons engaged in bona fide research, with the | ||||||
19 | permission of the
presiding judge of the juvenile court | ||||||
20 | and the chief executive of the agency
that prepared the | ||||||
21 | particular records; provided that publication of such
| ||||||
22 | research results in no disclosure of a minor's identity | ||||||
23 | and protects the
confidentiality of the record.
| ||||||
24 | (9) The Secretary of State to whom the Clerk of the | ||||||
25 | Court shall report
the disposition of all cases, as | ||||||
26 | required in Section 6-204 of the Illinois
Vehicle Code. |
| |||||||
| |||||||
1 | However, information reported relative to these offenses | ||||||
2 | shall
be privileged and available only to the Secretary of | ||||||
3 | State, courts, and police
officers.
| ||||||
4 | (10) The administrator of a bonafide substance abuse | ||||||
5 | student
assistance program with the permission of the | ||||||
6 | presiding judge of the
juvenile court.
| ||||||
7 | (11) Mental health professionals on behalf of the | ||||||
8 | Department of
Corrections or the Department of Human | ||||||
9 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
10 | or investigating a potential or actual petition
brought
| ||||||
11 | under the Sexually Violent Persons Commitment Act relating | ||||||
12 | to a person who is the
subject of
juvenile court records or | ||||||
13 | the respondent to a petition brought under
the
Sexually | ||||||
14 | Violent Persons Commitment Act, who is the subject of | ||||||
15 | juvenile
court records
sought. Any records and any | ||||||
16 | information obtained from those records under this
| ||||||
17 | paragraph (11) may be used only in sexually violent | ||||||
18 | persons commitment
proceedings.
| ||||||
19 | (12) Collection agencies, contracted or otherwise | ||||||
20 | engaged by a governmental entity, to collect any debts due | ||||||
21 | and owing to the governmental entity. | ||||||
22 | (A-1) Findings and exclusions of paternity entered in | ||||||
23 | proceedings occurring under Article II of this Act shall be | ||||||
24 | disclosed, in a manner and form approved by the Presiding | ||||||
25 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
26 | and Family Services when necessary to discharge the duties of |
| |||||||
| |||||||
1 | the Department of Healthcare and Family Services under Article | ||||||
2 | X of the Illinois Public Aid Code. | ||||||
3 | (B) A minor who is the victim in a juvenile proceeding | ||||||
4 | shall be
provided the same confidentiality regarding | ||||||
5 | disclosure of identity as the
minor who is the subject of | ||||||
6 | record.
| ||||||
7 | (C)(0.1) In cases where the records concern a pending | ||||||
8 | juvenile court case, the requesting party seeking to inspect | ||||||
9 | the juvenile court records shall provide actual notice to the | ||||||
10 | attorney or guardian ad litem of the minor whose records are | ||||||
11 | sought. | ||||||
12 | (0.2) In cases where the juvenile court records concern a | ||||||
13 | juvenile court case that is no longer pending, the requesting | ||||||
14 | party seeking to inspect the juvenile court records shall | ||||||
15 | provide actual notice to the minor or the minor's parent or | ||||||
16 | legal guardian, and the matter shall be referred to the chief | ||||||
17 | judge presiding over matters pursuant to this Act. | ||||||
18 | (0.3) In determining whether juvenile court records should | ||||||
19 | be made available for inspection and whether inspection should | ||||||
20 | be limited to certain parts of the file, the court shall | ||||||
21 | consider the minor's interest in confidentiality and | ||||||
22 | rehabilitation over the requesting party's interest in | ||||||
23 | obtaining the information. The State's Attorney, the minor, | ||||||
24 | and the minor's parents, guardian, and counsel shall at all | ||||||
25 | times have the right to examine court files and records. | ||||||
26 | (0.4) Any records obtained in violation of this Section |
| |||||||
| |||||||
1 | shall not be admissible in any criminal or civil proceeding, | ||||||
2 | or operate to disqualify a minor from subsequently holding | ||||||
3 | public office, or operate as a forfeiture of any public | ||||||
4 | benefit, right, privilege, or right to receive any license | ||||||
5 | granted by public authority.
| ||||||
6 | (D) Pending or following any adjudication of delinquency | ||||||
7 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
8 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
10 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
11 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
12 | juvenile who is the subject of the adjudication, | ||||||
13 | notwithstanding any other
provision of this Act, shall be | ||||||
14 | treated
as an adult for the purpose of affording such rights to | ||||||
15 | the victim.
| ||||||
16 | (E) Nothing in this Section shall affect the right of a | ||||||
17 | Civil Service
Commission or appointing authority of the | ||||||
18 | federal government, or any state, county, or municipality
| ||||||
19 | examining the character and fitness of
an applicant for | ||||||
20 | employment with a law enforcement
agency, correctional | ||||||
21 | institution, or fire department to
ascertain
whether that | ||||||
22 | applicant was ever adjudicated to be a delinquent minor and,
| ||||||
23 | if so, to examine the records of disposition or evidence which | ||||||
24 | were made in
proceedings under this Act.
| ||||||
25 | (F) Following any adjudication of delinquency for a crime | ||||||
26 | which would be
a felony if committed by an adult, or following |
| |||||||
| |||||||
1 | any adjudication of delinquency
for a violation of Section | ||||||
2 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
4 | whether the minor respondent is enrolled in school and, if so, | ||||||
5 | shall provide
a copy of the dispositional order to the | ||||||
6 | principal or chief administrative
officer of the school. | ||||||
7 | Access to the dispositional order shall be limited
to the | ||||||
8 | principal or chief administrative officer of the school and | ||||||
9 | any school guidance
counselor designated by him or her.
| ||||||
10 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
11 | disclosure of information or records relating or pertaining to | ||||||
12 | juveniles
subject to the provisions of the Serious Habitual | ||||||
13 | Offender Comprehensive
Action Program when that information is | ||||||
14 | used to assist in the early
identification and treatment of | ||||||
15 | habitual juvenile offenders.
| ||||||
16 | (H) When a court hearing a proceeding under Article II of | ||||||
17 | this Act becomes
aware that an earlier proceeding under | ||||||
18 | Article II had been heard in a different
county, that court | ||||||
19 | shall request, and the court in which the earlier
proceedings | ||||||
20 | were initiated shall transmit, an authenticated copy of the | ||||||
21 | juvenile court
record, including all documents, petitions, and | ||||||
22 | orders filed and the
minute orders, transcript of proceedings, | ||||||
23 | and docket entries of the court.
| ||||||
24 | (I) The Clerk of the Circuit Court shall report to the | ||||||
25 | Department of
State
Police, in the form and manner required by | ||||||
26 | the Department of State Police, the
final disposition of each |
| |||||||
| |||||||
1 | minor who has been arrested or taken into custody
before his or | ||||||
2 | her 18th birthday for those offenses required to be reported
| ||||||
3 | under Section 5 of the Criminal Identification Act. | ||||||
4 | Information reported to
the Department under this Section may | ||||||
5 | be maintained with records that the
Department files under | ||||||
6 | Section 2.1 of the Criminal Identification Act.
| ||||||
7 | (J) The changes made to this Section by Public Act 98-61 | ||||||
8 | apply to juvenile law enforcement records of a minor who has | ||||||
9 | been arrested or taken into custody on or after January 1, 2014 | ||||||
10 | (the effective date of Public Act 98-61). | ||||||
11 | (K) Willful violation of this Section is a Class C | ||||||
12 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
13 | This subsection (K) shall not apply to the person who is the | ||||||
14 | subject of the record. | ||||||
15 | (L) A person convicted of violating this Section is liable | ||||||
16 | for damages in the amount of $1,000 or actual damages, | ||||||
17 | whichever is greater. | ||||||
18 | (Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18; | ||||||
19 | 100-1162, eff. 12-20-18.)
| ||||||
20 | (705 ILCS 405/5-901)
| ||||||
21 | Sec. 5-901. Court file.
| ||||||
22 | (1) The Court file with respect to proceedings under this
| ||||||
23 | Article shall consist of the petitions, pleadings, victim | ||||||
24 | impact statements,
process,
service of process, orders, writs | ||||||
25 | and docket entries reflecting hearings held
and judgments and |
| |||||||
| |||||||
1 | decrees entered by the court. The court file shall be
kept | ||||||
2 | separate from other records of the court.
| ||||||
3 | (a) The file, including information identifying the | ||||||
4 | victim or alleged
victim of any sex
offense, shall be | ||||||
5 | disclosed only to the following parties when necessary for
| ||||||
6 | discharge of their official duties:
| ||||||
7 | (i) A judge of the circuit court and members of the | ||||||
8 | staff of the court
designated by the judge;
| ||||||
9 | (ii) Parties to the proceedings and their | ||||||
10 | attorneys;
| ||||||
11 | (iii) Victims and their attorneys, except in cases | ||||||
12 | of multiple victims
of
sex offenses in which case the | ||||||
13 | information identifying the nonrequesting
victims | ||||||
14 | shall be redacted;
| ||||||
15 | (iv) Probation officers, law enforcement officers | ||||||
16 | or prosecutors or
their
staff;
| ||||||
17 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
18 | (b) The Court file redacted to remove any information | ||||||
19 | identifying the
victim or alleged victim of any sex | ||||||
20 | offense shall be disclosed only to the
following parties | ||||||
21 | when necessary for discharge of their official duties:
| ||||||
22 | (i) Authorized military personnel;
| ||||||
23 | (ii) Persons engaged in bona fide research, with | ||||||
24 | the permission of the
judge of the juvenile court and | ||||||
25 | the chief executive of the agency that prepared
the
| ||||||
26 | particular recording: provided that publication of |
| |||||||
| |||||||
1 | such research results in no
disclosure of a minor's | ||||||
2 | identity and protects the confidentiality of the
| ||||||
3 | record;
| ||||||
4 | (iii) The Secretary of State to whom the Clerk of | ||||||
5 | the Court shall report
the disposition of all cases, | ||||||
6 | as required in Section 6-204 or Section 6-205.1
of the | ||||||
7 | Illinois
Vehicle Code. However, information reported | ||||||
8 | relative to these offenses shall
be privileged and | ||||||
9 | available only to the Secretary of State, courts, and | ||||||
10 | police
officers;
| ||||||
11 | (iv) The administrator of a bonafide substance | ||||||
12 | abuse student
assistance program with the permission | ||||||
13 | of the presiding judge of the
juvenile court;
| ||||||
14 | (v) Any individual, or any public or private | ||||||
15 | agency or institution,
having
custody of the juvenile | ||||||
16 | under court order or providing educational, medical or
| ||||||
17 | mental health services to the juvenile or a | ||||||
18 | court-approved advocate for the
juvenile or any | ||||||
19 | placement provider or potential placement provider as
| ||||||
20 | determined by the court.
| ||||||
21 | (3) A minor who is the victim or alleged victim in a | ||||||
22 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
23 | regarding disclosure of identity as the
minor who is the | ||||||
24 | subject of record.
Information identifying victims and alleged | ||||||
25 | victims of sex offenses,
shall not be disclosed or open to | ||||||
26 | public inspection under any circumstances.
Nothing in this |
| |||||||
| |||||||
1 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
2 | offense from voluntarily disclosing his or her identity.
| ||||||
3 | (4) Relevant information, reports and records shall be | ||||||
4 | made available to the
Department of
Juvenile Justice when a | ||||||
5 | juvenile offender has been placed in the custody of the
| ||||||
6 | Department of Juvenile Justice.
| ||||||
7 | (5) Except as otherwise provided in this subsection (5), | ||||||
8 | juvenile court
records shall not be made available to the | ||||||
9 | general public
but may be inspected by representatives of | ||||||
10 | agencies, associations and news
media or other properly | ||||||
11 | interested persons by general or special order of
the court. | ||||||
12 | The State's Attorney, the minor, his or her parents, guardian | ||||||
13 | and
counsel
shall at all times have the right to examine court | ||||||
14 | files and records.
| ||||||
15 | (a) The
court shall allow the general public to have | ||||||
16 | access to the name, address, and
offense of a minor
who is | ||||||
17 | adjudicated a delinquent minor under this Act under either | ||||||
18 | of the
following circumstances:
| ||||||
19 | (i) The
adjudication of
delinquency was based upon | ||||||
20 | the
minor's
commission of first degree murder, attempt | ||||||
21 | to commit first degree
murder, aggravated criminal | ||||||
22 | sexual assault, or criminal sexual assault; or
| ||||||
23 | (ii) The court has made a finding that the minor | ||||||
24 | was at least 13 years
of
age
at the time the act was | ||||||
25 | committed and the adjudication of delinquency was | ||||||
26 | based
upon the minor's commission of: (A)
an act in |
| |||||||
| |||||||
1 | furtherance of the commission of a felony as a member | ||||||
2 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
3 | involving the use of a firearm in the commission of a
| ||||||
4 | felony, (C) an act that would be a Class X felony | ||||||
5 | offense
under or
the minor's second or subsequent
| ||||||
6 | Class 2 or greater felony offense under the Cannabis | ||||||
7 | Control Act if committed
by an adult,
(D) an act that | ||||||
8 | would be a second or subsequent offense under Section | ||||||
9 | 402 of
the Illinois Controlled Substances Act if | ||||||
10 | committed by an adult, (E) an act
that would be an | ||||||
11 | offense under Section 401 of the Illinois Controlled
| ||||||
12 | Substances Act if committed by an adult, or (F) an act | ||||||
13 | that would be an offense under the Methamphetamine | ||||||
14 | Control and Community Protection Act if committed by | ||||||
15 | an adult.
| ||||||
16 | (b) The court
shall allow the general public to have | ||||||
17 | access to the name, address, and offense
of a minor who is | ||||||
18 | at least 13 years of age at
the time the offense
is | ||||||
19 | committed and who is convicted, in criminal proceedings
| ||||||
20 | permitted or required under Section 5-805, under either of
| ||||||
21 | the following
circumstances:
| ||||||
22 | (i) The minor has been convicted of first degree | ||||||
23 | murder, attempt
to commit first degree
murder, | ||||||
24 | aggravated criminal sexual
assault, or criminal sexual | ||||||
25 | assault,
| ||||||
26 | (ii) The court has made a finding that the minor |
| |||||||
| |||||||
1 | was at least 13 years
of age
at the time the offense | ||||||
2 | was committed and the conviction was based upon the
| ||||||
3 | minor's commission of: (A)
an offense in
furtherance | ||||||
4 | of the commission of a felony as a member of or on | ||||||
5 | behalf of a
criminal street gang, (B) an offense
| ||||||
6 | involving the use of a firearm in the commission of a | ||||||
7 | felony, (C)
a Class X felony offense under the | ||||||
8 | Cannabis Control Act or a second or
subsequent Class 2 | ||||||
9 | or
greater felony offense under the Cannabis Control | ||||||
10 | Act, (D) a
second or subsequent offense under Section | ||||||
11 | 402 of the Illinois
Controlled Substances Act, (E) an | ||||||
12 | offense under Section 401 of the Illinois
Controlled | ||||||
13 | Substances Act, or (F) an offense under the | ||||||
14 | Methamphetamine Control and Community Protection Act.
| ||||||
15 | (6) Nothing in this Section shall be construed to limit | ||||||
16 | the use of a
adjudication of delinquency as
evidence in any | ||||||
17 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
18 | admissible under the rules of evidence, including but not | ||||||
19 | limited to, use as
impeachment evidence against any witness, | ||||||
20 | including the minor if he or she
testifies.
| ||||||
21 | (7) Nothing in this Section shall affect the right of a | ||||||
22 | Civil Service
Commission or appointing authority examining the | ||||||
23 | character and fitness of
an applicant for a position as a law | ||||||
24 | enforcement officer to ascertain
whether that applicant was | ||||||
25 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
26 | examine the records or evidence which were made in
proceedings |
| |||||||
| |||||||
1 | under this Act.
| ||||||
2 | (8) Following any adjudication of delinquency for a crime | ||||||
3 | which would be
a felony if committed by an adult, or following | ||||||
4 | any adjudication of delinquency
for a violation of Section | ||||||
5 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
7 | whether the minor respondent is enrolled in school and, if so, | ||||||
8 | shall provide
a copy of the sentencing order to the principal | ||||||
9 | or chief administrative
officer of the school. Access to such | ||||||
10 | juvenile records shall be limited
to the principal or chief | ||||||
11 | administrative officer of the school and any school guidance
| ||||||
12 | counselor designated by him or her.
| ||||||
13 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
14 | disclosure of information or records relating or pertaining to | ||||||
15 | juveniles
subject to the provisions of the Serious Habitual | ||||||
16 | Offender Comprehensive
Action Program when that information is | ||||||
17 | used to assist in the early
identification and treatment of | ||||||
18 | habitual juvenile offenders.
| ||||||
19 | (11) The Clerk of the Circuit Court shall report to the | ||||||
20 | Department of
State
Police, in the form and manner required by | ||||||
21 | the Department of State Police, the
final disposition of each | ||||||
22 | minor who has been arrested or taken into custody
before his or | ||||||
23 | her 18th birthday for those offenses required to be reported
| ||||||
24 | under Section 5 of the Criminal Identification Act. | ||||||
25 | Information reported to
the Department under this Section may | ||||||
26 | be maintained with records that the
Department files under |
| |||||||
| |||||||
1 | Section 2.1 of the Criminal Identification Act.
| ||||||
2 | (12) Information or records may be disclosed to the | ||||||
3 | general public when the
court is conducting hearings under | ||||||
4 | Section 5-805 or 5-810.
| ||||||
5 | (13) The changes made to this Section by Public Act 98-61 | ||||||
6 | apply to juvenile court records of a minor who has been | ||||||
7 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
8 | effective date of Public Act 98-61). | ||||||
9 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
10 | 98-756, eff. 7-16-14.)
| ||||||
11 | Section 25. The Sex Offender Community Notification Law is | ||||||
12 | amended by changing Section 121 as follows: | ||||||
13 | (730 ILCS 152/121) | ||||||
14 | Sec. 121. Notification regarding juvenile offenders. | ||||||
15 | (a) The Department of State Police and any law enforcement | ||||||
16 | agency having
jurisdiction may, in the Department's or | ||||||
17 | agency's discretion, only provide
the
information specified in | ||||||
18 | subsection (b) of Section 120 of this Act, with respect to an | ||||||
19 | adjudicated
juvenile delinquent, to any person when that | ||||||
20 | person's safety may be compromised
for some
reason related to | ||||||
21 | the juvenile sex offender. | ||||||
22 | (b) The local law enforcement agency having jurisdiction | ||||||
23 | to register the juvenile sex offender shall ascertain from the | ||||||
24 | juvenile sex offender whether the juvenile sex offender is |
| |||||||
| |||||||
1 | enrolled in school; and if so, shall provide a copy of the sex | ||||||
2 | offender registration form only to the principal or chief | ||||||
3 | administrative officer of the school and any school guidance | ||||||
4 | counselor designated by him or her. The registration form | ||||||
5 | shall be kept separately from any and all school records | ||||||
6 | maintained on behalf of the juvenile sex offender.
| ||||||
7 | (Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.) | ||||||
8 | Section 30. The Murderer and Violent Offender Against | ||||||
9 | Youth Registration Act is amended by changing Section 100 as | ||||||
10 | follows: | ||||||
11 | (730 ILCS 154/100)
| ||||||
12 | Sec. 100. Notification regarding juvenile offenders. | ||||||
13 | (a) The Department of State Police and any law enforcement | ||||||
14 | agency having
jurisdiction may, in the Department's or | ||||||
15 | agency's discretion, only provide
the
information specified in | ||||||
16 | subsection (b) of Section 95, with respect to an adjudicated
| ||||||
17 | juvenile delinquent, to any person when that person's safety | ||||||
18 | may be compromised
for some
reason related to the juvenile | ||||||
19 | violent offender against youth. | ||||||
20 | (b) The local law enforcement agency having jurisdiction | ||||||
21 | to register the juvenile violent offender against youth shall | ||||||
22 | ascertain from the juvenile violent offender against youth | ||||||
23 | whether the juvenile violent offender against youth is | ||||||
24 | enrolled in school; and if so, shall provide a copy of the |
| |||||||
| |||||||
1 | violent offender against youth registration form only to the | ||||||
2 | principal or chief administrative officer of the school and | ||||||
3 | any school guidance counselor designated by him or her. The | ||||||
4 | registration form shall be kept separately from any and all | ||||||
5 | school records maintained on behalf of the juvenile violent | ||||||
6 | offender against youth.
| ||||||
7 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
8 | Section 99. Effective date. This Act takes effect July 1, | ||||||
9 | 2021.
|